Hindu Marriage Act, 1955, Section 24, 25, 26, 27, Civil Procedure Code, 1908, Order 19, Rule 1 -- Maintenance - Affidavit - If a party made concealment or false statement in his/her affidavit, opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement - Aggrieved party may also..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conduct of wife in filing several criminal and civil cases against husband conclusively demonstrate that their marriage is beyond repair due to the bitterness by said acts as it amounts to cruelty to husband - Divorce rightly granted...........
Hindu Adoptions and Maintenance Act, 1956, Section 20(3), Civil Procedure Code, 1908, Section 151 -- Maintenance to daughter - "Reasonable expenditure" in the context of expenditure on marriage of an unmarried daughter - Father who may have means is directed to pay the amount of Rs.37 lacs to daughter for her marriage - Application disposed of...........
Civil Procedure Code, 1908, Order 32, Rule 4 -- Suit by minor - Next friend of minor need not necessarily be one of guardians enumerated in S.6 of Hindu Minority and Guardianship Act and it is also not necessary that next friend must be appointed by Court as legal guardian...........
Hindu Marriage Act, 1955, Section 8 - - Registration of marriage - No registration of marriage can be done, without physical presence of parties to marriage before registrar, except under special circumstances after recording the reasons. (Paras 25 & 41(b). Cases Referred: Bhaurao vs. State of Maharashtra, AIR 1965 SC 1564 (Para 20) Seema Vs Ashwani Kumar, 2006(1) Apex..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier divorce petition on ground of cruelty withdrawn with permission to file fresh petition after properly verifying the petition - Ground of adultery not taken in earlier divorce petition - Allegations of cruelty pertain to period prior to filing of the earlier..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entering into settlement in proceedings which reached before Supreme Court - Parties living separately since 2012 - Civil and Criminal Cases pending against each other - Supreme Court quashed all proceedings pending between parties in view of settlement and parties given liberty to file joint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of LRs of plaintiff - Plea of joint Hindu Family Property introduced by LRs in addition to challenge to alienation made by their father does not run contrary to pleas already set up by their father plaintiff - LRs cannot be foreclosed to introduce any other plea which becomes available to..........
