Showing : 1-10 of 103 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13B, 28-- Divorce by mutual consent - Appeal thereagainst on ground of fraud - Decree alleged to be obtained by fraud, has to be challenged in a civil suit and to lead cogent evidence to prove that she had no knowledge of the proceedings which had been initiated at the instance of her husband and even..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Recall of compromise decree on the ground that the same was obtained by playing fraud - Wife rightly approached trial Court instead of filing an appeal thereagainst...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Decree passed - Wife seeking setting aside of decree - Plea that decree of divorce by mutual consent was obtained by coercion, fraud and misrepresentation and was thus null and void and hence did not affect the marriage between the parties - One fails to appreciate what..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B-- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, 23(1)(bb)-- Divorce by mutual consent - S.23(1)(bb) of Hindu Marriage Act casts an obligation upon courts in the matter of divorce by mutual consent to satisfy itself that consent has not been obtained by force, fraud or undue influence - Court is obliged to make requisite inquiry in the matter before..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, 28, 23(1)(bb), 13B-- Divorce by mutual consent - Appeal against decree - Appeal is maintainable, if consent is obtained by force, fraud or undue influence...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3-- Ex parte decree - Setting aside - Forgery committed in getting the ex parte decree - Land in dispute recorded in the name of `Surendra Singh' but written statement filed by one `Sahendra Singh' - Written statement not filed by competent person - There was apparent forgery committed in filing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35-- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of S.34 Specific Relief Act enable the petitioner to..........

Showing : 1-10 of 103 Results