Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree for restitution of conjugal rights - Once a civil Court finds in a contested proceeding on the basis of evidence that the wife had no just or reasonable cause to withdraw her society from the husband, she cannot claim maintenance under Section 125 Cr.P.C...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Power of Court is not confined to S.144 of Code - In cases where S.144 does not apply Court can exercise its inherent powers to grant restitution - Where judgment debtor was dispossessed in execution of decree during pendency of his appeal against decree and during existence of order staying execution, inherent..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Auction purchaser when decree holder and a stranger - Difference - Decree holder auction purchaser is bound to return the property when decree is reversed - If property is purchased by a bonafide purchaser who is stranger to the Court proceedings, the sale in his favour is protected and he cannot be asked to..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Court to be moved for making application is that Court which executed decree which has been reversed subsequently and not the Court which passed decree or reversed decree...........
Hindu Marriage Act, 1955, Section 9, 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Petition for restitution of conjugal rights - By amendment of plaint additional relief of divorce sought - Amendment declined - There is no illegality in claiming alternative relief - Order refusing amendment erroneous - Amendment allowed...........
Civil Procedure Code, 1908, Section 144 r, w, 151 -- Restitution - Order passed by First Appellate Court - Power of restitution is not confined to S.144 - Court has inherent power to grant restitution where S.144 in terms does not apply - Contention that application should have been filed in the Court of first instance - It cannot be said that First Appellate Court had no..........
Civil Procedure Code, 1908, Section 144 -- Power to order restitution is given to the Court of first instance - Exparte eviction decree - In execution landlord taking possession - In appeal by tenant challenging exparte decree. Appellate Court setting aside decree and also ordering restitution of premises - Held, Appellate Court not right in ordering restitution - It could..........
Civil Procedure Code, 1908, Section 23 -- Husband filed divorce petition in Bhopal (Madhya Pradesh) and wife filed petition for restitution of conjugal rights in Ahmednagar (Maharashtra) - Wife seeking transfer of petition of husband to her Court - Held, transfer application will lie in the High Court of Madhya Pradesh and not in Bombay High Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition by wife -Allegation of unchastity of wife - Nothing on record to prove the unchastity of wife - No suit for restitution of conjugal rights or divorce by husband - Husband cannot escape from his liability to maintain his wife...........
