Civil Procedure Code, 1908, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband has relied on a single event whereby he himself left the matrimonial residence and started living with his parents - Except for making allegations that wife declared that she shall alone stay in the house, nothing has been indicated with regard to efforts made by husband to..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Order granting suspension of sentence to an accused can in no way mean that stay/suspension of conviction also automatically stands granted...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Mere fact that an appeal has been preferred against judgment of conviction and final adjudication thereof would take time is not a ground by itself for granting an order of stay of conviction...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of child left the matrimonial home soon after her marriage and child was born during the period of her stay at her maternal home - Minor child is with her mother since birth - No material on record that custody of child was taken away by mother from father - Custody of child with his mother is not..........
Guardians and Wards Act, 1890, Section 7, 9, 25 -- Custody of minor children - Minor children expressed their preference to reside with their father - They were doing well in the pursuit of their education and co-curricular activities whilst residing with father and minor children were well settled and progressing fine - Though preference made by children in itself cannot..........
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..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Evidence on record shows that there has been no intention on the part of wife to desert husband, in as much as on every occasion based on mediation between parties, she has returned back to matrimonial home - Even in present proceedings wife insisting to stay in matrimony with..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - There must be identity of the matter in issue in both the suits inasmuch as subject matter in both the proceedings is identical...........
