Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties lived together as husband and wife for a period of 12 years in spite of the fact that husband has an extra marital affair with one lady - Wife in her affidavit clearly and categorically stated that she is ready to live with petitioner along with her children to lead happy..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Issuance of conditional warrants of arrest - Judgment debtor had actively contested the case - No application filed by JD for contesting as indigent person - Only bald statements have been made that JD does not have means to satisfy decree - Conduct of JD evidences that he is only trying to avoid..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce by mutual consent - Compromise - Both the parties have amicably resolved and settled all pending cases and consideration has also been exchanged between them as per settlement agreement executed before Meditation and conciliation center - Settlement is bona fide and voluntary and..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - No right to relief sought against petitioner in the suit - Even, petitioner has failed to show that effective decree cannot be passed in her absence - If the petitioner is impleaded in the suit, scope of suit for permanent injunction will be enlarged to a suit for title..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex parte decree and condonation of delay are different on the basis of facts and events - These proceedings must be adopted and pursued independently...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree set aside while condoning delay - However, there was no justification for setting aside ex parte decree - Order condoning delay affirmed whereas order setting aside ex parte decree set aside - Trial Court to decide application afresh...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
