Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
Hindu Marriage Act, 1955, Section 13 -- Petition u/s 13 of the Act - Can be filed through power of attorney holder...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband has not come forward to contest the appeal/divorce petition, nor he has led any evidence before family Court save for his affidavit which was also his testimony verbatim - Therefore, for all intents and purposes, husband has distanced/divorced himself from wife's life as discernible from his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - False complaint given by wife against her husband amounts to cruelty towards husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Daughter of parties PW2 categorically deposed that her mother/wife is not residing in matrimonial home with her father/husband - She withstood the cross-examination and there is no reason to disbelieve evidence of PW2 to depose falsely against her mother - More so, wife admitted in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Husband admitted that except for suspecting fidelity of husband, wife was a good wife - No oral and documentary evidence to prove that wife removed thali and there is no evidence regarding cruelty committed by wife - Husband failed to prove its case and there is suppression of facts on the side of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Law does not permit husband to spoil life of an innocent lady by giving divorce on grounds other than enumerated in S.13 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights filed by wife - Husband has not shown any strong legal ground on which he can claim divorce from his wife - Wife hardly lived for six months with husband and thereafter husband deserted her without any valid reason - She filed petition for restitution..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation - Husband filed divorce petition against wife and decree of divorce granted in favour of husband - Wife filed appeal against such decree - However, both the parties have mutually consented to be away from each other and in view of their domestic issues, prays for judicial separation - Since the parties are..........
