Registration Act, 1908, Section 17 -- Registration - Declaratory decree - Suit filed only for declaration that `R' was the owner of suit property - No family settlement brought on record by defendant and in absence of any family settlement, judgment and decree which was a simpliciter suit for declaration, cannot be said to be exempted from registration...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground of subsistence of first marriage of wife - First marriage of wife though not legally dissolved but wife is separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage - Moreover, respondent/second husband knowingly entered into..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness/doctor - Divorce proceedings - Application to summon witness was filed by applicant on the same day when applicant's evidence was closed - Therefore, finding of Family Court that application was delayed seems to be erroneous - Further, application to summon doctor is relevant for the reason..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lodged FIR u/s 498-A IPC against husband and his family members - Husband acquitted by trial Court - Parties are living separately since long - Wife not only deserted husband but also committed mental cruelty upon husband - Husband is entitled to decree of divorce...........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Filing of complaint against husband and his family members without sufficient proof amounts to cruelty...........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - Allegations made by wife against husband that he demanded dowry from wife's parents, not proved - Further, allegations that wife uttered vulgar words towards husband and his family members are also not proved - Marriage between parties has broken down irretrievably - Husband has made out a..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since 2021 - Mediation took place between parties with agreement to dissolve the marriage and withdraw the criminal cases pending between them - There is thus, no occasion to direct petitioner to wait for cooling off period as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Father and younger sister of deceased both not financially independent, would fall under definition of legal representatives for the purpose of claiming compensation under the Act - They were considered as dependents upon the income of deceased - Therefore, deduction made towards..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Father and younger sister of deceased both not financially independent, would fall under definition of legal representatives for the purpose of claiming compensation under the Act - They were considered as dependents upon the income of deceased - Therefore, deduction made towards..........
