Civil Procedure Code, 1908, Section 35, 35A, Hindu Marriage Act, 1955, Section 13(1)(B) -- Cost - Divorce - Obtained by husband by playing fraud - Decree set aside with exemplary cost of Rs.2 lakh...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce - Settlement between parties - Resiling therefrom - Permissibility of - Held, settlement between parties was recorded by Court after examining both the parties and satisfying that the parties have voluntarily settled the matter after completely understanding its terms - Appellant..........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Hindu Marriage Act, 1955, Section 13, 13-B -- 14, Civil Procedure Code, 1908 Divorce petition filed u,s 13 of the Act - All the requirements of S.13-B and S.14 of the Act are satisfied in the instant case - Both husband wife are educated - After a short time of marriage parties started living separately - If educated people like the present one, after living separately for..........
Hindu Marriage Act, 1955, Section 12(2)(a)(i) -- Voidable marriage - Fraud - Limitation - Alleged fraud came to notice of husband on very next day of marriage - Application filed for annulment of marriage after more than one year of discovery of fraud - Held, application not maintainable as barred by time limit prescribed u/s 12(2) of the Act...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Voidable marriage - Suppression of registration of earlier marriage by wife - Amounts to fraud - Provision of S.12(1) (c) of the Act is attracted and Court is empowered to annul subsequent marriage...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Petition by wife for declaring marriage as null and void as her consent for marriage was obtained by playing fraud - It was disclosed to wife that husband is computer engineer - She ignored the fact that he was lesser in age than her since he was Computer Engineer - After marriage it came to her knowledge that her husband had..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - All the three ingredients pleaded - Decree passed - Sought to be set aside on the ground of fraud and coercion as statement in Court was made under threat as daughter was in illegal confinement of husband - Petitioner had signed the divorce petition and petitioner did not make any complaint during the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree on the ground that consent was obtained by fraud - Held, appeal is not maintainable - If a claim of fraud is made, there are three options open : (1) to apply to the same Court for recalling the order by setting out the grounds of fraud; (2) an independent suit by contending that the..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Petition seeking annulment of marriage on the ground that consent for marriage was obtained by concealing material facts which amount to fraud - Petition allowed - Appeal filed by wife against grant of decree - Wife had got married to other person and got that marriage annulled before entering into marriage with respondent -..........
