Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Non-impleadment of adulterer - Mere non-impleading of adulterer as co-respondent is not fatal to case of husband where DNA report indicates that wife was leading an adulterous life and said report is not challenged by wife...........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Petition by husband - Medical evidence in the form of DNA report proved that after marriage wife had illegal intimacy with another man - Report of DNA was neither disputed nor challenged by wife - Husband thus, proved that wife was leading an adulterous life - Divorce granted to husband...........
National Green Tribunal Act, 2010, Section 26, 28 -- Failure to comply with order of NGT - Offence by Government Department - If a Government Department failed to comply with order of NGT, by a legal fiction u/s 28(1) of the Act, Head of Department shall be deemed to be guilty of such failure and shall be liable to be proceeded against - Officers of State were impleaded as..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 25 -- Res judicata - Doctrine of res judicata is not applicable on reliefs of permanent alimony and stridhan as such reliefs can be claimed by way of an application at any subsequent stage as well and any Court having jurisdiction under the Act can grant the same...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
Hindu Marriage Act, 1955, Section 25, 19 -- Permanent alimony - Jurisdiction of Court - Wife can claim relief of permanent alimony at the place of her residence as per Ss.25, 19 of the Act...........
Hindu Marriage Act, 1955, Section 27, Hindu Succession Act, 1956, Section 14 -- Stridhan - All the movable and immovable properties belonging to wife or given to her before or at the time of or at any subsequent time of marriage are her stridhan properties of which she is an absolute owner by virtue of S.14 of Hindu Succession Act r/w S.27 of Hindu Marriage Act...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owners - One co-owner alone is not competent to transfer the entire property without getting his share determined and demarcated so as to bind the other co-owners - Defendant/Co-owner rightly restrained by decree of injunction in acting in derogation of the propriety rights of the co-owners until and unless..........
Specific Relief Act, 1963, Section 31 -- Void instrument - A person `may' seek declaration that a instrument is void, which is not imperative in every case, more particularly when that person is not a party to such an instrument...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - An order passed under the Act remains in force till the time that order is either set aside in an appeal u/s 29 of the Act, or altered/modified/revoked in terms of S.25(2) of the Act by Magistrate...........
