Indian Contract Act, 1872, Section 4, Hindu Succession Act, 1956, Section 22 -- Indivisible property - Preferential right to acquire property - Communication of offer - Correspondence took place between plaintiff and defendant`s wife offering to sell property to either plaintiff or third brother by finalising consideration - First letter written by defendant`s wife..........
Evidence Act, 1872, Section 108, Railway Services (Pension) Rules, 1993, Rule 9, Railway Service (Conduct) Rules, 1966, Rule 21 -- Burden of proving that person is alive who has not been heard of for seven years - Second Marriage - Husband admitted that husband did second married on ground that first wife left seven years ago and it was presumed that she died - No scope..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 482 -- Interim maintenance - Husband claimed that he has no capacity to pay amount of maintenance assessed by appellate Court - However, wife strongly submitted that her husband has ability to pay amount of maintenance - It is a question of fact to be decided on..........
Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Merely because wife left home is no evidence for confirming desertion - Rather, husband should have made attempt to bring her back to his home - Husband refused to take her back to his home - Divorce petition rightly dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Qualification of wife and capacity to earn cannot be a ground to deny interim maintenance to wife who is dependant and does not have any source of income - Impugned order set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without any premeditation in a sudden fight in heat of passion upon a sudden quarrel, when deceased attempted entry into house of accused and attempted to assault and molest his wife - Accused neither take any undue advantage nor acted in a cruel or unusual manner - Act of accused..........
Indian Penal Code, 1860, Section 304(Part I), 100 -- Offence u/s 304(Part I) IPC - Right of private defence - Accused himself took the defence that he assaulted deceased in exercise of his right of private defence when deceased allegedly intrude inside his house and attempted to assault and molest his wife - One injury was caused to deceased, which was sufficient to cause..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Where wife voluntarily deprived husband of her company and comfort of a matrimonial life, same amounts to cruelty - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife started living in a separate room in same house and stopped taking to any of members of family - She used to cook food only for herself and that too separately - Wife frequently hurled abuses on her husband and even threatened to implicate him in a false case of dowry - More so, wife..........
