Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
Civil Procedure Code, 1908, Section 24 -- Transfer of domestic violence complaint - Husband sought transfer of domestic violence complaint to be heard along with divorce case filed by him - Where proceedings between same parties involving common questions of fact and law are pending before different Courts in close proximity, it is desirable that they be tried together by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Some trifling utterance or remarks or mere threatening of one spouse to other cannot be construed to be cruelty for grant of decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Not even a single incident with reference to specific date of alleged cruelty has been urged in the plaint - Alleged certain flimsy act or omission or using some threatening and harsh words may occasionally happen in day to day conjugal life of a husband and wife to retaliate other..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife deserted husband - However, no specific date of desertion was mentioned by husband which clearly suggests that in order to get advantage in divorce case, said false allegation of desertion was alleged against wife - Husband has not filed any petition for..........
Agreement to sell -- Suit for specific performance - Execution of sale agreement and payment of advance amount itself is doubtful - Relief of specific performance not granted - Plaintiff would not be entitled to any relief, unless and until such relief was asked for by plaintiff - A decree directing return of advance amount without any alternative prayer for the return of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC to seek setting aside ex parte decree has to be dealt with by Court which passed the decree...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that wife filed application for maintenance pendente lite only after husband filed petition seeking divorce, cannot be a valid ground to deny maintenance, particularly in view of fact that application u/s 24 of the Act, is maintainable during pendency of petition...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Third party objections - Wife of JD filed objections that decree has been obtained by DH by way of fraud - There is no matrimonial discord between petitioner and her husband/JD - Objection application is for all purposes is at the behest of her husband/JD only - Moreover, for totally unexplained reasons, JD did..........
Hindu Marriage Act, 1955, Section 13B, 8(5), Hindu Marriage and Divorce Rules, 1956, Rule 3(a) -- Divorce by mutual consent - There is no necessity of filing registration certificate when marriage is not registered - Requirement of filing registration certificate is only in cases where marriage is registered...........
