Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Once the cruel act was committed, in the context of educational and social background of parties, it could never be resisted that husband was meted out most cruel behaviour in which he may have reasonably felt unsafe to cohabit with wife...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is herself gainfully employed being a part of teaching faculty at a respectable institute having monthly income of about Rs.60,000 - Further keeping in mind the fact that the son born to the parties has attained the age of majority, a lump sum alimony of Rs.10,00,000 be paid to wife within a period of three..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Merely because parties may have remained separated for reason of their separate jobs, the fact occurrence of desertion may never be sustained on the strength of such vocational/employment compulsion faced by the parties...........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Work of Lok Adalat is only to dispose of case where settlement or compromise is arrived between parties - However, in the event, compromise is not arrived, then it should be referred to Court as provided u/s 20(5) of the Act for disposal in accordance with law...........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance to wife - Order directing interim maintenance to wife is only an interlocutory order, as rights and liabilities of parties have not attained finality - Order granting maintenance is proper...........
Arbitration and Conciliation Act, 1996, Section 29A(3) -- Time limit for arbitral award - Extension of time - S.29-A(3) of the Act stipulates that parties by consent can extend time for making award beyond twelve months, up to an additional period of six months - However, extension beyond six months even by consent of parties is not permitted...........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata is a mixed question of law and fact and same can be adjudicated only after considering evidence brought on record by parties - Application U.O.7.R.11 CPC rightly rejected...........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Phrase `a change in the circumstances' used in S.25 of the Act has not been defined under the Act - Magistrate has to adjudge the change in the circumstances based on the material put forth by the parties in a case and having regard to the circumstances of the said case - A change in the circumstances..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Post award interest - Agreement between parties has no bearing - S.31(7)(b) does not give parties right to "contract out" interest for the post-award period - Expression `unless the award otherwise directs' in S.31(7)(b) of the Act relates to rate of interest and not entitlement of interest...........
