Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife refused to return to matrimonial house and refused to live with husband - She stated that she had performed marriage under pressure of her parental family and she was in love with respondent no.5 - Wife wants to stay with respondent no.5 - She stated that neither she claimed any maintenance from..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Ex parte judgment - Setting aside - Proceedings u/s 12 of Hindu Marriage Act - Wife was not duly served with notice and procedure adopted for directing substituted service being vitiated, therefore, ex parte judgment set aside - Matter remanded back to Family Court for decision afresh ...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Only requirement for filing LR application is death certificate - Family member certificate is not required for filing LR application...........
Civil Procedure Code, 1908, Section 24 -- Custody of child - Transfer of petition - Distance from the place of residence of mother to Family Court `K' where petition is pending is larger than to Family Court `M' - Convenience of wife/mother equally applies in respect of matters under Guardians and Wards Act as well - Petition transferred from Family Court `K' to Family..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA Test - Partition suit - Status of plaintiff as a member of family is denied by defendants - Plaintiff himself has taken risk of seeking DNA profiling to prove his claim that he is member of family - However, both the persons whom plaintiff is claiming to be his parents are not alive - Person who according..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Plea of family settlement - There is no adjudication by any Court of competent jurisdiction i.e Civil Court on the aspect that petitioners have any right in property in question - In summary proceedings, it is pleadings of parties and document of..........
