Showing : 41-50 of 465 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Section 151-- Family Court - Striking off defence - Family Court can strike off defence of a party by invoking power u/s 151 of the Code...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15-- Maintenance - Right to cross examination - Condition imposed while allowing cross examination - Family Court acted in contravention of S.15 of the Act - Impugned order set aside - Family Court would give opportunity of cross examination to both the sides and then decide the case afresh...........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 14(1)-- Exemption to file divorce petition within 1 year of marriage - Marriage between parties not consummated as parties not lived together - Said act amounts to exceptional hardship to parties as no purpose of any nature will be served by insisting parties to wait for 1 year as required u/s 14(1) of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, 14-- Divorce by mutual consent - Leave of Court to file petition before expiry of period of one year since the date of marriage - Parties not lived together and marriage not consummated - Insisting the parties to wait for one year as required u/s 14(1) of the Act will cause exceptional hardship to the..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(iii)-- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19(1)-- Appeal - Maintainability - An order of family Court either allowing or dismissing an application for temporary injunction, is an interlocutory order - No appeal therefore, lie against such order in view of provision contained in S.19(1) of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137-- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take due care and caution in closing valuable..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Husband alleges that wife made false allegations of cruelty against him and his family members in criminal case, which ended in his acquittal - However, judgment of acquittal passed by trial Court is not on record - Even otherwise, appeal against such..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984-- Civil Court decree acknowledging family settlement - Does not require registraton, as it is normal for Hindu family to adjust the shares and divide the property through an oral family settlement. (Registration Act, 1908, S.17)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984-- Civil Court decree acknowledging family settlement - Challenge as to - Suit for challenging civil Court decree filed after a period of 20 years - Plea of plaintiffs that they did not come to know of decree cannot be accepted, particularly when in revenue record defendant was being depicted as..........

Showing : 41-50 of 465 Results