Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise after grant of decree of divorce by mutual consent - Parties realized their mistake in parting ways and have against come together - Such a step shall be beneficial for both the parties as well as their child - Decree set aside...........
Family settlement -- Consent decree or judgment on admission - Limitation to challenge decree - Decree passed on the basis of admission of oral family settlement in written statement and recording of statement of defendant on that basis - It is a judgment on admission and not a consent/compromise decree - Limitation to challenge decree starts to run from the date of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - No decree can be passed when the agreement entered into in between the parties does not say how the suit is to be decided and what are the terms of compromise - If the suit is to be withdrawn, there shall be stipulation to that effect...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit can either be disposed of as withdrawn or a compromise decree can be passed...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise - Minor - When a compromise decree is passed in a suit to which minor is a party, leave of Court is to be obtained before disposal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Suit where a decree based on compromise is not challenged, but compromise itself is called into question, would be barred by provisions of O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenged by third party - Third party who is not a party to compromise decree would not be entitled to file an independent suit questioning compromise on basis of which decree was passed - Remedy available to third party is to challenge decree by filing an appeal u/s 96(1) CPC with leave of appellate..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for cancellation of sale deed - Defendant during pendency of suit entered into agreement to sell with applicant in respect of part of suit land - However, applicant entered into agreement to sell being aware of pendency of litigation between plaintiffs and defendant - Application for impleadment..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Challenge as to - Consent decree based upon compromise can be challenged before same Court which passed consent decree...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Second motion u/s 13-B(2) of the Act by both the parties has never been moved - Husband alone filed application for compromise between parties - Wife never appeared in petition u/s 13-B of the Act - In absence of second motion not having moved by both the parties to marriage, Court cannot pass a decree of..........
