Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation - Husband filed divorce petition against wife and decree of divorce granted in favour of husband - Wife filed appeal against such decree - However, both the parties have mutually consented to be away from each other and in view of their domestic issues, prays for judicial separation - Since the parties are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan in the joint name of husband and wife - Cheque issued by husband who was a co-borrower - Non impleadment of wife is of no consequence as far as these proceedings are concerned - Being co-borrower husband is under liability to discharge liability for which he issued cheque and same was dishonoured...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband - Compensation - Claim of compensation by wife on account of love and affection as well as on account of spousal consortium for wife and parental consortium for the children - Compensation under head on account of loss of love and affection is not permissible but compensation on account of spousal..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased getting salary of Rs.12,450/- as per his wife and he was over 50 years of age - However, in absence of proof of salary, Tribunal assessed monthly income of deceased as Rs.10,000/- - Keeping in view of income, age and future prospects, total compensation comes out to be Rs.11,63,000 along with 7%..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of matrimonial case to place `K', where three other cases filed by wife are already pending - No prejudice would be cause to both the parties - Moreover, considering the convenience of wife, who is an unemployed, request of wife to transfer case is justified - Transfer application..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case at the instance of wife - Most important factor for transfer of a matrimonial case is convenience of wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - At the instance of wife - While considering transfer of matrimonial case at the instance of wife, Court is to consider family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important, convenience of wife i.e she..........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Severance of tenements and non-availability of alternate access proved by plaintiff - Mere fact that adjoining property belongs to wife of plaintiff and that said property has some other access will not deprive a claim of necessity by plaintiff for access to plaint schedule property - Plaintiff..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of application for custody of child and husband sought transfer of divorce petition - Child is a permanent resident of Palakkad - Since both husband and wife filed application under Guardians and Wards Act for custody of child, necessarily child will have to be produced before..........
Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per allegations made by complainant in FIR, he is paramour of deceased-wife of complainant - However, there is nothing on record showing that petitioner has any criminal antecedents - Out of 12 prosecution witnesses 2 material witnesses including complainant already stands examined and possibility of..........
