Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Limitation - No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage u/s 24 of the Act - Once marriage is void, same is a nullity and at any time same can be declared as nullity being a void marriage...........
Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b) -- Remarriage by husband during pendency of appeal filed by wife within limitation against decree of divorce - Notice of appeal not served on husband - Nothing on record to show that husband made any effort to find out as to whether any appeal had been filed or not - Conduct of husband amounts..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is..........
Hindu Marriage Act, 1955, Section 24, 28A, Family Courts Act, 1984, Section 18, Limitation Act, 1963, Article 136, 137 -- Interim maintenance - Non payment - Execution - Limitation - Interim maintenance order passed u/s 24 and enforceable u/s 28-A of Hindu Marriage Act or order passed by Family Court and enforceable u/s 18 of Family Courts Act, 1984, are having same force..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of..........
Hindu Marriage Act, 1955, Section 15, 28 -- Decree of divorce in favour of husband - Husband remarrying before expiry of limitation to file appeal - While holding that there is no merit in appeal filed by wife, husband burdened with costs of Rs.1,00,000/- payable to wife, on ground of errant conduct of husband. Paras 7 to 9)..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that there is no legal and customary marriage between parties - Limitation - Once the declaration u/s 34 of the Act is sought for, which is not coming under the purview of Marriage Laws as per the statues provided for that purpose, then bar u/s 29(3) of Limitation Act would not be attracted and for such suits or..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that there is no legal and customary marriage between parties - Limitation - Cause of action accrued to plaintiff/husband when defendant/wife had made a claim for maintenance alleging that she is legally wedded wife of plaintiff - Suit filed long after suffering an order of maintenance nearly 17 years of that..........
Hindu Marriage Act, 1955, Section 28(4), 13, Family Courts Act, 1984, Section 19 -- Appeal - Divorce decree or any other decree passed under 1955 Act is appealable u/s 28 of 1955 Act r/w S.19 of 1984 Act - However, period of limitation for filing appeal as provided under 1955 Act being substantive law, would prevail over limitation prescribed in 1984 Act being procedural..........
