Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Serious allegations made by wife against husband of having illicit relations with his sister-in-law not admitted by husband - Husband is not obliged to put up with wife when she has made such serious allegations against husband - To direct husband to cohabit with wife could invite..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights filed by wife - Husband has not shown any strong legal ground on which he can claim divorce from his wife - Wife hardly lived for six months with husband and thereafter husband deserted her without any valid reason - She filed petition for restitution..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Civil Procedure Code, 1908, Order 9, Rule 9, Hindu Marriage Act, 1955, Section 9 -- Restoration of restoration application - Delay in filing application - Application dismissed as no condonation of delay application filed - Provision of O.9.R.9 CPC is a benevolent provision, which provides for a remedy to persons, who are prevented by sufficient cause from appearing in..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Unbridgeable matrimonial difference between parties not disputed - Husband withdrawn himself from company of wife because wife filed cases against husband and his parents - Now, it is very difficult for husband to rejoin company of wife - Trustfulness of statement of wife is not..........
Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Two grievances (i) travel expenses; (ii) evidence of her side getting rejected - Transfer application rejected by holding that petitioner is permitted to move an application for reopening her evidence before family Court - Petitioner permitted..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte maintenance order passed u/s 24 of Hindu Marriage Act in proceedings u/s 9 of Hindu Marriage Act - Application to set aside order proceeding ex parte - Held, O.9.R.7 CPC do not apply for interference with the final order passed in proceeding u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 9, Rule 7 -- Petition u/s 9 of Hindu Marriage Act - Respondent/husband proceeded ex parte - Application U.O.9.R.7 to set aside order proceeding ex parte - Application u/s 9 of Hindu Marriage Act should be tried in the presence of both the parties - Husband had already filed reply to petition and issues..........
