Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings u/s 125 Cr.P.C. are summary in nature and it is not necessary for Court to ascertain as to who was in wrong and minute details of matrimonial dispute between husband and wife need not be gone into...........
Hindu Marriage Act, 1955 - - Divorce - Non resumption of cohabitation by wife after passing of decree of restitution of conjugal rights - Husband has proved that there is no resumption and cohabitation for more than 1 year or upwards after passing decree of restitution of conjugal rights in his favour - Nothing on record to show that after passing said decree and before..........
Hindu Marriage Act, 1955, Section 23(1)(a) -- `Wrong' - Word `wrong' envisaged u/s 23(1)(a) of Act is of a kind different from a mere conduct of refusing to resume conjugal relationship after passing decree of restitution of conjugal rights...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Petition by husband on ground of cruelty and desertion - Plea that wife deserted him and started living with her parents for no reason - Plea of wife that she was beaten and turned out from matrimonial home - Husband miserably failed to prove desertion and cruelty against wife - On the contrary it was..........
Hindu Marriage Act, 1955, Section 11, 2 -- Nullity of marriage - Husband admitted that he got married to respondent in the year 1999 - Petition was filed before Family Court in 2011 - There is delay of 12 years and in between a baby boy was also born to parties out of said wedlock - No reason is pointed out by husband to show that what compelled him to suddenly realize..........
Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Unfair trade practice - Punitive damages - Law as to : (i) Such a claim has to be specifically pleaded; (ii) No litigant can be punished by way of punitive damages for merely approaching Court, unless its case is found to be frivolous; (iii) Mere proof of "unfair trade practice" is not enough for claim or award of..........
Court's order - - Wrong recording - Order if recorded wrongly by Court then remedy lies in filing an application before the same Court, otherwise record of Court, as it is, has to be accepted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Lodging of FIR by wife u/s 498-A IPC against husband and his family members - Unless there is a finding of Court that complaint as false, it cannot be said that complaint filed by wife contained false allegations - Initiation of legal proceedings for redressal of one's legal rights or to punish wrong doers..........
Representation of the Peoples Act, 1951, Section 100(1)(b), 123(4) -- Corrupt practices - Election to State Legislature - Contention that printing and publication was made with connivance of first respondent and hence consent should be inferred - Only allegation is on knowledge and connivance on the part of the first respondent - Knowledge and connivance is different from..........
Indian Penal Code, 1860, Section 84 -- Insanity - Every case of insanity is not covered by S.84 IPC - Along with insanity there must be additional fact that at the time of commission of act, accused was on account of said unsoundness of mind incapable of knowing the nature of act or that he was doing what was either wrong or contrary to law...........
