Legal Services Authorities Act, 1987, Section 22(C)(2) -- Permanent Lok Adalat - Jurisdiction of civil Court - Bar as to - Civil suit filed during pendency of dispute before Permanent Lok Adalat - S.22(C)(2) of the Act merely bars the parties from invoking jurisdiction of civil Court in the same dispute - It does not say that civil suit is barred - Suit not liable to be..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife forcibly ousted from the matrimonial home - Wife educated but she is no more working - Husband claimed his gross income to the tune of Rs.3.63 lakhs as per income tax return - Wife must have spent a considerable amount to pursue divorce petition filed by husband - Taking into consideration the status..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Court - Court cannot refuse to exercise jurisdiction u/s 7 of the Act on grounds of expediency or convenience or propriety or choice of parties who invoke jurisdiction of such Court...........
Guardians and Wards Act, 1890, Section 9 -- Jurisdiction of Court - Custody of children - `Ordinarily resides' - Both the parties were staying in US before marriage - Minor children were born to them in US and they are US citizens - Admittedly, mother of children herself invoked jurisdiction of US Court seeking primary custody of children - Children were shifted to India..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Love marriage-cum-arranged marriage between parties - Wife was physically tortured to the extent that she was compelled to file a criminal case against husband and his family members - Husband has shown no interest in contesting appeal, as he opted not to appear and contest appeal so as..........
Arbitration and Conciliation Act, 1996, Section 8, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 13(1) -- Order which refer parties to arbitration u/s 8 of the Act - Not appealable u/s 13(1) of 2015 Act as said order is not appealable u/s 37(1)(a) of 1996 Act - Even, appeal rejecting plea u/s 16(2) & (3) of 1996..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of mother-in-law - Eviction order against daughter-in-law - Daughter-in-law has no right in the house of mother-in-law who lodged a complaint against daughter-in-law, which is pending between parties - Moreover, no evidence placed on record to claim ownership of house by..........
Evidence Act, 1872, Section 65(f), 65(e) -- Secondary evidence - Photocopies of documents - Photocopies exhibited are not public documents - They all are communications between parties and accounts maintained by bank - S.65(e) of the Act thus, not applicable - Though seal and signature of Manager on those photocopies mentioned it as certified copies, in fact it does not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Denying conjugal relationship and insistence for setting up separate home, amount to cruelty to husband - Moreover, continuous separation for past 26 years goes to show that there are no chance of reunion between parties - Marriage between parties has become dead and there is no..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - No willful desertion by wife proved on record - As regarding cruelty, daughter of parties stated that behaviour of her mother with her father was cruel and number of times she misbehaved with her father - Even husband stated that wife does not want to live with his mother and wants..........
