Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Examination of husband through video conferencing - Husband is residing at Singapore - It is not possible for husband to travel to India for his examination, keeping in view of second surge of COVID-19 Pandemic - Stringent travel restrictions are in place - Both the parties..........
Hindu Marriage Act, 1955, Section 2(2) -- Marriage between non-tribal and tribal Hindu - Dissolution of marriage - Husband is non-tribal Hindu and wife is tribal Hindu - Their marriage was performed under the Act - Wife can certainly contend subject to proof that she is a Hindu following Hindu practices and beliefs and would be entitled to benefits and remedies available..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 12, Rule 6, Family Courts Act, 1984 -- Petition for dissolution of marriage - O.12.R.6 CPC is applicable to proceedings before Family Courts...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of petition filed by husband u/s 9 of Hindu Marriage Act from Fatehabad to competent Court at Bhiwani - Two other cases initiated at the instance of wife also pending in Bhiwani - Husband would not be seriously prejudiced if he attends one more case at Bhiwani - Moreover, wife has..........
Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
Civil Procedure Code, 1908, Section 25, 11 -- Second application for transfer of proceedings under Hindu Marriage Act - Change of circumstances - Dismissal of petition for transfer does not operate as res judicata when a fresh petition is filed on change of circumstances - However, petitioner has to satisfy Court that there are change of circumstances and that there are..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Two grievances (i) travel expenses; (ii) evidence of her side getting rejected - Transfer application rejected by holding that petitioner is permitted to move an application for reopening her evidence before family Court - Petitioner permitted..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte maintenance order passed u/s 24 of Hindu Marriage Act in proceedings u/s 9 of Hindu Marriage Act - Application to set aside order proceeding ex parte - Held, O.9.R.7 CPC do not apply for interference with the final order passed in proceeding u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 9, Rule 7 -- Petition u/s 9 of Hindu Marriage Act - Respondent/husband proceeded ex parte - Application U.O.9.R.7 to set aside order proceeding ex parte - Application u/s 9 of Hindu Marriage Act should be tried in the presence of both the parties - Husband had already filed reply to petition and issues..........
