Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left husband's house in 2014 and she did not return to live with him till date i.e for more than a decade - She is not even contesting the appeal, which shows that she has no interest in her relation with husband and which indicates that wife has abandoned the relationship..........
Indian Penal Code, 1860, Section 509, Kerala Police Act, 2011, Section 120 -- Offence u/ss 509 IPC and S.120 of K.P Act - Posting 2 postcards with derogative statements by itself is sufficient to attract offence punishable u/s 509 IPC as well as S.120 of K.P Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the company of husband in the year 2011 - She also admitted in writ petition filed by husband in the year 2015 that she will not live with husband - Said statement was in fact the affirmation of husband's contention that wife is not living with husband since the year 2011 -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in the plaint are sufficient to proceed against defendant - It cannot be said that suit is barred or that there is no cause of action against defendant - Application U.O.7.R.11 CPC rightly rejected...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition on ground of cruelty and desertion - Desertion proved but cruelty not proved - One ground mentioned in S.13 of the Act is sufficient to grant divorce...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - It is for defendants to explain as to why written statement is not filed within time - Court is not entitled to accept the written statement beyond 90 days without giving any sufficient explanation and without recording its findings as to why such a written statement is required to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Mere fact there is a discrepancy qua rate of interest, not sufficient to disbelieve the claim of complainant...........
