Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Ex parte order granting maintenance to widowed daughter-in-law - Notice was sent to father-in-law initially by ordinary post and thereafter by registered post - Service was presumed to have been effected upon father-in-law as per endorsement of postman on..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, 20 -- Divorce petition - Proof of CD containing conversation between husband and wife recorded surreptiously without consent or knowledge of wife - It is a clear cut infringement of privacy of wife - Acceptance of CD in question shall amount to a clear cut breach of fundamental right of wife and her..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(a)(i) -- Eviction petition - Bonafide requirement - Dismissal of eviction petition by Rent Controller and eviction order passed by Appellate Court - Appellate Authority has failed to analyze reasons given by Rent Controller while dismissing petition - Appellate Authority while deciding appeal is..........
Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Criminal Procedure Code, 1973, Section 91, 311, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Production of documents - Offence u/ss 13(1)(d), 13(2) of P.C Act - Production of an additional document during course of trial and summoning an additional witness to prove document cannot be found to be totally impermissible under law in cases under P.C Act...........
Prevention of Food Adulteration Act, 1954, Section 13(2), Prevention of Food Adulteration Rules, 1955, Rule 9B -- Public analyst report - Sent by registered post - Accused not available, hence, letter returned - Thereafter not even an attempt was made to personally serve the report on accused - Non compliance of mandatory provision of S.13(2) of the Act as to serving a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife, both are doctors by profession - At the time of marriage wife was in UK and husband was in India - Parties went to UK after marriage - However, due to continuous intimidations between them, husband returned to India - Wife has not made up her mind to live with her..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife was minor at the time of her marriage and she continued to reside at her parental home even after she attained majority - Husband was himself not initially interested in accepting wife and took her to matrimonial home only after she got a job - Such brazenly materialistic attitude of..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Decree of divorce cannot be granted on the ground of irretrievable breakdown of marriage while deciding appeal arising out of proceeding u/s 13(1) of the Act, as such ground is not available u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband failed to establish plea of cruelty by wife - On the other hand wife has made a categorical claim that she had been thrown out of her matrimonial home, as husband was demanding dowry - Criminal case also lodged by wife against husband - Wife has been neglected by husband since..........
