Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4 -- Eviction order against son - Property of mother - Mother who is 73 years of age regularly beaten by his son and his wife - Various complaints were filed against son and his wife and copies of said complaints were already annexed to the present application - Mother was also prevented from using..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Wife left the matrimonial home along with child on account of unbearable circumstances - Compelling circumstances as pleaded by wife proved by her by producing her evidence - Allegations levelled against husband are serious in nature - Moreover, parties living..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental and physical cruelty - Petition by wife - Forcible sexual intercourse - Act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon other spouse and result for unbearable pain to extent that one is forced to stay away is certainly a ground to seek separation or decree of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself pleaded that when wife came out of matrimonial home in 2001, he accompanied her and started living with her in her parents house - Father of husband supported this testimony of husband and aunt of husband also corroborated the same - Both husband and wife used to stay..........
Criminal Procedure Code, 1973, Section 470(2), Indian Penal Code, 1860, Section 500, 501 -- Limitation - Exclusion of time - Period of stay granted by Court is to be excluded from limitation period...........
Land Acquisition Act, 1894, Section 11A -- Land acquisition - Award u/s 11-A of the Act - Exclusion of period of stay - Various notifications and declarations u/ss 4 & 6 of the Act were issued on same date with respect to same scheme - When stay has been granted in one matter and when scheme was one, authorities were justified in facts and circumstances of case to stay..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of 6 months statutory period - Parties stayed together only 2-3 days after marriage - Due to certain difference of opinion relation interse between parties is not cordial - Even, conciliation proceedings failed to reunite parties - Application for divorce filed on Feb, 2018 and another application..........
Special Marriage Act, 1954, Section 25(i) -- Annulment of marriage - Non-consummation of marriage - Petition by wife - Parties did not stay together even for a single day - No evidence brought by husband when he claims that there was sexual relationship - Wife on the other hand proved that marriage was not consummated - Marriage between parties declared as nullity due to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order to wait outcome of appeal in first..........
Civil and Criminal case -- Stay against proceedings - In all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended - In cases where stay is granted in future, the same will end on expiry of six months from..........
