Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife contended that husband and his family members harassed and taunted wife for insufficient dowry - Testimony of wife was credible and trustworthy - Husband admitted his income to be Rs.13,000 - However, trial Court reasonably assessed the income of husband to be Rs.16,000 - No material on record to show..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - No material available on record which shows that husband has any knowledge of fixing of maintenance case on the date on which an ex parte proceeding was drawn against him - Even, there is also no material on record that husband willfully neglected to attend the Court on that date - Ex parte..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C should be decided summarily as per procedure prescribed under CPC by Family Court...........
Civil Procedure Code, 1908, Section 24 -- Transfer of Domestic Violence case to Family Court - Original jurisdiction to file application u/s 12 of PWDV Act is only with jurisdictional Magistrate - Jurisdiction of Family Court and DV Act Court are concurrent - Transfer of such proceedings to Family Court would also take away the right of aggrieved women to avail the right..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Compromise arrived at between husband and wife - Wife has received a sum of 11 lacs towards her entire maintenance/permanent alimony from husband and a decree of divorce on account of mutual consent is also passed by concerned Family Court - Since wife has reaped all benefits from the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Application filed after conclusion of evidence of plaintiff without disclosing in the application as to why those documents could not be produced earlier - Application rightly rejected - However, since family Court has closed the right of plaintiff to cross-examine the witnesses of defendant, one..........
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..........
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..........
