Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17 -- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........
Evidence Act, 1872, Section 112, 114 -- Presumption - Relationship of husband and wife - Presumption of certain facts like birth of daughter during relationship between parties, documentary evidence and conviction of husband for offence u/s 498-A IPC - Sufficient indication to infer their relationship as to be husband and wife...........
Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 3 -- Affidavit - Cross-examination of deponent - Permissible only in case of affidavit filed by third parties and not to affidavits filed by parties to proceedings as affidavit filed in support of petition is not treated, as an affidavit filed by way of evidence...........
Hindu Marriage Act, 1955, Section 11, 12 -- Marriage between a Hindu and a Christian - Neither S.11 nor S.12 of the Act renders a marriage between a Hindu and a Christian void or voidable on the ground that parties belong to two different religions...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Both the parties are earning and they are comfortably placed having handsome financial resources at their command - Prayer of wife for grant of interim maintenance rightly declined...........
Indian Contract Act, 1872, Section 16(3) -- Doctrine of unconscionability of contract - Unconscionability is a species of genus undue influence - An unconscionable transaction arises in contract law where there is an overwhelming imbalance in the power relationship between parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of intercourse by wife - Specific averment made by husband with regard to denial of intercourse by wife - However, said averment was not traversed by wife in her written statement - Even wife did not deny the fact that parties did not cohabitated as husband and wife after her return to matrimonial..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife did not deny the fact that parties remained separated from one another for a period of two years - She did not came back to her matrimonial home even after her transfer back to the city where husband is residing - Conduct of wife clearly demonstrate her intention to walk out of marriage and not to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Parties living apart for approximately 10 years - Various police complaints filed by wife and family members of husband - There appears to be no possibility of revival of matrimonial relationship between parties - Marriage is as good as dead - Irretrievable break down is the result of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 25(2) -- Interim maintenance - During pendency of revision petition parties compromised - Both the parties will live together peacefully and in case both the parties fail to live together then husband shall provide to wife a room having space of minimum 15 x 10 ft. and also one kitchen and..........
