Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - No evidence from expert who are competent to determine whether wife is suffering from mental disorder - Wife serving under CISF and if she is really suffering from any mental disorder she would not have been allowed to continue in her service - Nothing on record that wife has been declared..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife who is serving in CISF is not expected to take all care of child, as is expected from housewife - Allegation to that extent therefore on face of it does not satisfy to accept an additional ground of cruelty - Even there had been no attempt to prove cruelty by wife - Ground of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Certain documents which should have been annexed with challan not annexed - Not a ground to quash FIR...........
Service -- Compassionate appointment - Pay scale - Once a person is appointed on a particular post, may be on compassionate ground, that person is entitled to pay scale of same post...........
Service -- Compassionate appointment - Pay scale - There cannot be two different pay scales for employee appointed on compassionate ground and employee appointed on regular basis...........
Prevention of Corruption Act, 1988, Section 2(c)(iii) -- Public servant - Duties performed by accused were in the nature of public duties - Accused cannot be discharged on the ground that they are not public servants - Order framing of charge held, proper...........
Dissolution of Muslim Marriages Act, 1939, Section 2(iv) -- Divorce - Failure to perform marital obligation by husband - Parties were living separately atleast for a period of 5 years prior to filing of divorce petition - Wife held, made out a ground for divorce u/s 2(iv) of the Act - Marriage between parties dissolved...........
Hindu Marriage Act, 1955, Section 28, 13(1)(ia) -- Decree of divorce - Remarriage by husband after expiry of statutory period for filing appeal but during pendency of appeal - Appellant did not take steps for service of notice upon husband within time, as a result of which he was not aware of the stay order - Husband remarried being unaware of pendency of appeal and stay..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Maintenance to father - Challenged by daughter on the ground that father cancelled settlement deed in her favour - Said cancellation deed, cancelling settlement deed was declared void by Court and appeal preferred by father against such judgment has been dismissed - Therefore, it is no longer..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Maintenance to father - Challenged by daughter on the ground that father has not demanded maintenance from other three children - Father contended that his sole property has been settled on daughter, thus, he requires protection and maintenance from daughter - Moreover, no steps were taken by..........
