Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife always ready and willing to live with husband alongwith two children - It is husband who is running away from matrimonial home without discharging his duty and responsibility as a husband - Husband has not even included the name of wife and children in the Service Register so as..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months waiting period - Court may exercise its discretion to waive off statutory period of six months in the facts and circumstances of a case especially when there is no possibility of parties to resume cohabitation and there are chances of alternative rehabilitation ...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Plea of financial insecurity taken by wife - However, wife has not come forward with any kind of allegation that husband does not have any income - Wife has not pleaded anywhere nor deposed on the plea of financial instability - Court shall not permit counsel to make out a case which is..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Forged sale deed - Trial Court itself examined the thumb impression of vendor on sale deed and after discussing the evidence on record acquitted the accused - Suit filed by vendor for cancellation of sale deed was dismissed by Civil Court - There is no illegality, irregularity or impropriety in impugned orders of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
