Consumer Protection Act, 1986, Section 2(7) -- Consumer complaint - Purchase of flat - Flat in question was being purchased by respondent for the purpose of residence of one of its Directors and his family and that the company is a family owned company - Mere fact that respondent/company is a real estate company, it does not mean that the flat was purchased by it for..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was able to prove that false FIR was registered by wife against him and his family members and ultimately there was acquittal in the criminal case - Family Court after considering the evidence of husband, AW-2, AW-3 and the judgment of acquittal rightly decided the issue of..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Male child was delivered after six and a half months of gauna (marriage ceremony) - DNA testing was done with consent of wife and due procedure was adopted - Sample was taken in the presence of the Presiding Officer of Family Court and two witnesses - DNA test report specifically..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Family Court concluded that the parties were living separately without reasonable cause for a period exceeding two years - Hence, desertion was proved - Divorce rightly granted...........
Civil Procedure Code, 1908, Section 151 -- Application seeking directions to wife to shift to an alternate accommodation being offered by husband - Divorce proceedings - Wife is residing in tenanted premises which need to be vacated on account of its dilapidated condition as also eviction notices being received by husband from lessors - When husband requires urgent orders..........
Agreement to sell -- Specific performance - Bonafide purchasers - Land in question abuts the land of subsequent purchasers - Parties to the lis belong to the same village, same family and having adjoining lands - Knowledge of an agreement to sell executed in favour of one party is known to the inhabitants of same village - Subsequent purchasers cannot be held to be bona..........
Custody of child -- Claimed by father - Mother of girl child died due to COVID infection - Father gave custody of child to sisters of deceased wife/respondents - Child who lost her mother at tender age cannot be deprived of company of her father and natural brother - Merely because of unfortunate circumstances faced by father as a result of which respondents were given..........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is staying in her father's house since long and completed her post graduation - She has no independent income of her own and she depends on her parents for sustenance - Wife has a vacant piece of land in her name but no evidence on record that she is getting good amount of rent from her property - There was..........
