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Results of restitution

Showing : 1-10 of 393 Results

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Where difference between parties are not of such a magnitude and is in the nature of usual wear and tear of marital life, future of child and her marital prospects are also to be kept in view and in such circumstances dissolution of marriage merely because they have been litigating and..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Parties were married in 2002 and their married life was happy for about 6 years - Thereafter wife remained in her parent's house for years together - Husband filed petition for restitution of conjugal rights, which was withdrawn at behest of wife - Conduct of..........

DELHI HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Initially, adultery was not even pleaded in grounds for dissolution of marriage - Moreover, it is not fathomable that husband would file a petition for restitution of conjugal rights if he had serious doubts about fidelity of his wife and paternity of second child - Ground of adultery not proved...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 144 -- Restitution - Provision of S.144 CPC applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - Doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and trivial allegations made by husband against wife - No evidence placed on record by husband that wife filed false and defamatory complainants against him - Very fact that wife had filed a petition for restitution of conjugal rights goes to show that she had in fact wanted to..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife has every desire to resume cohabitation, however, husband is not allowing - Husband had knowledge about alleged divorce yet he performed marriage with wife, cohabited for about 7 years with her and now for reason which could have been available to him about six years earlier, he..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of divorce petition by wife though later on withdrawn on the pretext that it was filed mistakenly by her counsel instead of a petition for restitution of conjugal rights, shows that she was not interested to live with husband, particularly when wife never filed a petition for restitution..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Decree of divorce in favour of husband and dismissal of application for restitution of conjugal rights - Appeal by wife - Husband alleges that wife used to abuse his mother and grandmother and did not want to do household work - However, no evidence produced by husband to substantiate such allegations - No criminal action..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 144 -- Restitution - Three conditions necessary to be satisfied are : (i) Restitution sought must be in respect of decree or order which had been varied or reversed; (ii) party applying for restitution must be entitled to a benefit under a reversing decree or order; and (iii) relief claimed must be properly consequential on reversal or..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 144 -- Restitution - Decree passed in counter claim was set aside by Appellate Court - Father of appellants ordered to restore possession of suit land to defendants - Judgment and decree of appellate Court hold the field and has attained finality - Possession of appellants thus, cannot be protected - Appellants rightly directed to..........

Showing : 1-10 of 393 Results