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..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant has a total of 30 bighas of agricultural land located in more than one village - It is not the defendant's case that in the event of specific performance being granted, he would become landless or that his livelihood would be effaced - If a decree of specific performance is passed, defendant would..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Discovery of new material - It is imperative for a party to establish that discovery of new material or evidence was neither within its knowledge when decree was passed, nor could the party have laid its hands on such documents/evidence after having exercised due diligence, prior to passing of order...........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff has to prove its case on the strength of its evidence - Burden of proof is on plaintiff to prove its case, which he had failed - Merely because defendant did not raise a counter claim on suit property it would not ipso facto mean that a decree ought to have been granted in favour of plaintiff - Decretal of suit set..........
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..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Non-deposit of balance sale consideration - DH has not shown any readiness to deposit balance sale consideration with trial Court even within extended time of 2 months - He never moved any application for extension of time - Executing Court wrongly assumed that time stands extended once..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal of petition that decree of divorce by mutual consent might be misused for procuring Government employment under `Divorce Category' - Finding unsustainable in view of the report of SSP - Order dismissing petition set aside - Divorce by mutual consent granted...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
Agreement to sell -- Specific performance - Jurisdiction of Court to grant decree of specific performance is discretionary but not arbitrary - Discretion must be exercised in accordance with sound and reasonable judicial principles. (Specific Relief Act, 1963, S.20)..........
