Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13(1)(ia), 12(1)(c) -- Amendment of plaint - Divorce petition - Ground of cruelty by wife - Husband through proposed amendment seeks relief for grant of decree of annulment of marriage as main relief and decree of divorce as an alternative relief - Apparently the relief for annulment of..........
Punjab Civil Services Rules, Rule 6, 17(4) -- Apportionment of pensionary benefits - When son from pre-deceased first wife will attain the age of 25 years, his share will go to surviving widow - Hence, share of mother will also go to widow of deceased employee as apportionment of pensionary benefits of employee is not business of State and right of family pension will..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife exhibited her wickedness by subjecting husband who is daily wage labourer, to repeated criminal cases and her vileness by compromising after receiving substantial sum of Rs.3 lakhs from husband - Act of wife in filing divorce petition and withdrawing same..........
Hindu Succession Act, 1956, Section 8, 6 -- Succession - Self acquired property - Where a Hindu male died leaving behind him a female relative specified in class-I heir, property in such case shall devolve on heirs by succession and not by survivorship...........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Transfer of case - Transfer of case is not always a solution acceptable to both the parties - It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife along with her minor daughter living at Hyderabad - Divorce petition filed at Jabalpur by husband - It is inconvenient for wife to undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child - Case transferred from..........
Civil Procedure Code, 1908, Section 92 -- Suit filed u/s 92 CPC - Suit is maintainable with regard to charitable endowment - Bar u/s 108 of T.N. Hindu Religious and Charitable Endowments Act not applicable to the suit, as suit filed by plaintiff does not relates to religious institution...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - May be supplementary to any other substantive grounds mentioned u/s 13 of the Act, but the same cannot be a standalone ground...........
