Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree - Setting aside - Notice of divorce petition not served upon wife and her claim was duly supported by an affidavit - Exparte decree set aside despite objection that application to set aside exparte decree was filed beyond 30 days - Held, in matrimonial dispute Court should take a liberal approach and..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Notice sent by registered post to husband received back - Husband proceeded ex parte - Award of Rs.5,000/- as maintenance to wife from the date of order - Both wife and husband filing appeal - Appellate Court enhanced maintenance to Rs.10,000/- p.m. whereas appeal of husband dismissed as time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Served upon wife of drawer - Not sufficient - Order of conviction set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Wife not personally served - Notice through publication in newspaper - Newspaper published from Kanpur whereas wife lived at Dehradun - Exparte divorce decree set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Received by wife of the petitioner - Notice is duly served upon petitioner...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Husband filed petition under Section 9 Hindu Marriage Act - Notice of the petition served on wife - Thereafter wife filed maintenance petition under Section 125 Cr.P.C. - Maintenance petition so moved cannot be termed as mala fide application...........
