Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are sufficiently educated and are aware of their rights - They have mutually decided to end their matrimony finding no hope/chance of reconciliation - Statutory period of six months specified u/s 13-B(2) of the Act waived...........
Custody of child -- Claimed by father - Child is a citizen of USA and travelled to India with his mother for surgery with consent of father - Child underwent a surgery and remained in India for two and a half years - Father contended that mother detained the minor in her illegal custody in India and has violated the international travel consent by not allowing minor to..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are sufficiently educated and aware of their rights - They mutually decided to end their matrimony finding no hope/chance of reconciliation - Statutory period of six months as specified u/s 13-B(2) of the Act waived...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are sufficiently educated and are aware of their rights - They mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months statutory period as specified u/s 13-B(2) of the Act waived...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of mandatory period of one year - Where parties have already resolved their disputes, this is the sufficient ground to allow application for waiver of mandatory period of one year...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of mandatory period of one year - Parties have already resolved their disputes - Both the parties have already received all the articles given by them at the time of marriage - None of them will claim anything with regard to past or future maintenance - Since the parties have already resolved their..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Execution of decree - Issuance of warrants - Tenant voluntarily entered into a compromise and pursuant thereto, enjoyed benefit of staying in tenanted premises for a period of ten years - Now, at the stage of execution, tenant cannot raise any objections with regard to jurisdiction of ARC that recorded consent..........
Indian Penal Code, 1860, Section 375 -- Prior to amendment - Rape - False promise of marriage - If a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape u/s 376 IPC, unless it is established that consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to..........
Indian Penal Code, 1860, Section 376 -- Prior to amendment - Rape - False promise of marriage - Promise to marriage was given after alleged sexual act and not at initial stage - It cannot be said that victim gave consent relying upon false promise of accused that he will marry her - Sexual intercourse between victim and accused if any as alleged by prosecution, was a..........
