Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining wife from solemnizing second marriage - Order granting injunction, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from dispossessing plaintiff or alienating or encumbering suit property - Defendants have disputed marital status of plaintiff with their deceased son and have categorically denied her claim over property or her possession thereof - Validity of marriage becomes a question of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession by way of mandatory injunction - Defendants themselves admitted that they are in permissive possession of suit property, as plaintiff permitted mother of defendants to use house in question to facilitate marriage of her two daughters - Moreover, concurrent findings of two Courts below on record..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Jurisdiction of Family Court - Suit for injunction filed by father-in-law against daughter-in-law - Property involved in suit does not belong to any of parties to marriage - It is the absolute property of father-in-law - Suit is not for an injunction `in circumstances arising out of a marital relationship' - Suit..........
Hindu Marriage Act, 1955, Section 16 -- Paternity of children - Suit for declaration and permanent injunction - Documents on record specifically birth certificates establish the fact that plaintiffs are sons of deceased - Defendants on the other hand have not produced any evidence to show that these documents are forged, fabricated or procured documents - Evidence on..........
Civil Procedure Code, 1908, Order 39, Rule 1, Hindu Marriage Act, 1955, Section 8 -- Temporary injunction - Restraining respondent-wife from alienating scheduled property of deceased husband - Petitioner pleaded herself to be legally wedded wife of deceased but failed to prove the same - On the contrary, respondent produced several documents which established beyond doubt..........
Hindu Law -- Joint Family property or exclusive property of plaintiff - Suit for restoration of possession, mesne profits and permanent injunction - House in question allotted in the name of sister of plaintiff and after her marriage said allotment changed in the name of plaintiff - Entire family was residing in the house in question right from the beginning - Plaintiff..........
Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 37, 38, 41(a), 41(b) -- Anti-Suit injunction - Restraining wife from pursuing divorce petition before Court in USA - Husband filed a divorce petition in India - Both the parties are permanent citizens of USA - No prejudice caused to husband if proceedings are allowed to be continued in Court at USA,..........
Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - In the instant case, husband and wife shifted from matrimonial home to some other place - Even, then brawl took place in house of parents of husband for which PCR was called and parents of husband has to face harassment and embarrassment before neighbours - Hence, once wife..........
