Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mutual cruelty - Both parties inflicting mental and physical cruelty upon each other - In such a case, insistence by one to retain the matrimonial bond is with obvious intention not to enjoy the bliss of marriage but to torment and traumatize the other - Decree of divorce, upheld...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 109, 420, 201, 120B, 417, 467, 468, 477A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)(d) -- Sanction for prosecution - Offence u/ss 109, 420, 201, 120-B, 417, 467, 468, 477-A IPC and Ss.13(1)(d), 13(2)(d) of P.C Act - Prosecution failed to take sanction to prosecute applicant prior..........
Immoral Traffic (Prevention) Act, 1956, Section 13 -- Power of investigation - DSP and ASP as Circle Officer has power to conduct investigation u/s 13 of the Act - In the instant case DSP cum Circle Officer conducting investigation is Special Police Officer within the ambit of S.13 of the Act - Hence, investigation carried by him is valid - Petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself pleaded that when wife came out of matrimonial home in 2001, he accompanied her and started living with her in her parents house - Father of husband supported this testimony of husband and aunt of husband also corroborated the same - Both husband and wife used to stay..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband failed to show that wife used to abuse him or treat him with cruelty - Although, husband alleged that wife did not wear sindur and thus, treated him with mental cruelty, but the same could not be proved by him - Evidence on record shows that husband was found to be in drunken..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order - Death of counsel - Proceedings finalised against petitioner ex parte - Categorical objection has also been taken by defendant while filing revision in question but Revisional Court has not taken any sympathetic view and no, suited the claim of defendant on merits - In order to meet the ends of justice and to..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34 -- Mortgage/Secured property - DRT and DRAT concurrently held that respondents legitimately created an equitable mortgage in respect of flat in question in favour of Bank, which has security interest upon said flat - Respondents failed to file any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false or repeated case against husband in addition to many of his family members or relatives amounts to cruelty towards husband - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Sexual insinuation made against husband by wife - Wife made allegation against husband that he has illicit relationship with his younger brother`s mother-in-law - However, there is nothing on record to substantiate this allegation - Even, wife not maintaining matrimonial relationship and is abusive towards..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse leaves matrimonial house in order to secure her life, then temporary disassociation would never amount to desertion...........
