Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband contracted second marriage and has got a son through second marriage - Said reason is sufficient for wife to stay away from company of husband without forfeiting her rights and obligations arising out of marital relationship with husband - Wife cannot be expected to join company of husband..........
Agreement to sell -- Specific performance - Readiness and willingness - Pendency of an appeal by defendant did not preclude plaintiff from depositing amount in proof of his readiness and willingness, particularly when there is no stay by appellate Court of decree under appeal to justify no, deposit during pendency of appeal...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and trivial allegations made by husband against wife - No evidence placed on record by husband that wife filed false and defamatory complainants against him - Very fact that wife had filed a petition for restitution of conjugal rights goes to show that she had in fact wanted to..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Criminal Procedure Code, 1973, Section 210 -- Private complaint and police case in respect of same offence - Stay of inquiry and trial - For grant of stay u/s 210 Cr.P.C, Magistrate in seizing of a private complaint, inquiry or trial of which is pending must be convinced that ongoing investigation by police is in relation to an offence which was subject matter of inquiry..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Wife subjected to torture, forced by husband to stay separately along with girl child - Both are victims of u, conducive circumstances created by husband - Net salary of husband is Rs.73,500 out of which Rs.20,000 p.m incurred towards maintenance of old aged parents of husband - Though wife is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order of grant of maintenance - High Court passed order that execution proceedings be kept in abeyance - Total non application of mind - Unless there are very special reasons, higher Court should not normally stay such an order - Impugned order set aside - Maintenance awarded ordered to be paid - High..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion - Petition by wife - Husband himself is responsible for creating circumstances which forced wife to stay away from matrimonial home - Matrimonial life of parties was mired in misery and acrimony from very beginning - All efforts made by Meditation to explore possibility of an amicable settlement have failed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife was subjected to torture, forced by husband to stay separately along with child who is now grown up without any fault of them - She was leading her life in hardship along with her grown up child who is studying Automobile engineering in ITI - Paramount responsibility of husband and as a father..........
Land Acquisition Act, 1894, Section 11A -- Land acquisition proceedings - Lapse of - Stay of proceedings - Period of stay over action or proceedings by Court, has to be excluded in computing statutory period of two years in passing of an award u/s 11 of the Act...........
