Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Death of husband before submission of second motion - Moving of second motion u/s 13-B(2) of the Act is a sine qua non for passing a decree of divorce by mutual consent - Cause of action would not survive to mother and brothers of deceased, as right to seek divorce was a personal right of deceased -..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Divorce sought by husband on the ground that marriage was not consummated due to malfunctioning of organ of wife - If marriage was not consummated appropriate remedy is to file a petition u/s 12 of Hindu Marriage Act - However, petition u/s 12 of Hindu Marriage Act is only maintainable if it is filed..........
Hindu Marriage Act, 1955, Section 13(1A)(i), 25 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - Failure of cohabitation by wife for a period of one year after grant of decree of restitution of conjugal rights entitles husband to dissolution of marriage - Moreover, parties have been living separately i.e for a long period of 40 years..........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Joint tenancy -- Landlord is not supposed to implead all the tenants, and impleadment of one of tenants is sufficient and the decree passed against one joint tenant is binding upon all the joint tenants...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Provision of O.21.R.97 CPC is meant to protect the possession of a third party whose possession is lawful and such a person cannot be evicted on the basis of decree in which they were not party...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Decree of divorce granted on the ground of adultery - Maintenance was granted after parties ceased to husband and wife - Findings recorded during divorce proceedings would not affect the maintenance claim of divorced wife - Plea of husband that a divorced wife is not entitled to maintenance if she..........
Limitation Act, 1963, Section 5, Hindu Marriage Act, 1955, Section 13 -- Condonation of delay - Delay of 166 days in filing appeal against ex parte decree of divorce - Husband solemnized second marriage after getting decree of divorce and at the time of second marriage no appeal was preferred by wife - Delay condonation application filed by wife along with appeal had..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
