Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty u/s 13(1)(ia) of the Act must be proven through definite and convincing evidence - Allegations must be specific, supported by instances, dates and where possible independent testimony...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - No particular incident of cruelty has been proved by husband - Allegations were sweeping in nature and devoid of specific details - Even the allegation that wife refused reconciliation on specific dates remains unsubstantiated because no witness who was present on those..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have amicably settled the dispute in National Lok Adalat, terms whereof have also been reduced into writing and signed by both the parties - Appeal against dismissal of divorce petition thus, decided in terms of compromise arrived at between parties - Compromise which was recorded in National Lok Adalat shall form..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Once a document is exhibited aggrieved party has to file an application seeking de-exhibit of such document - However, instead of doing so plaintiff raised objection with regard to admissibility of document and trial Court considered the same holding that it is inadmissible - Approach of trial Court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Unfounded accusations made by wife regarding her subjugation to dowry harassment and solemnisation of second marriage by husband, amounts to cruelty against husband - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife asserted that she was forcibly thrown out of house though she was pregnant and was being continuously subjected to cruelty on account of demand of dowry and was being compelled to do household work unabatedly - However, no police report or complaint was made by wife regarding demand of dowry,..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife herself had left matrimonial house and she was expecting husband to visit her place and persuade her to restore matrimonial relationship - Her inordinate insistence gives an impression that her inflated ego was restraining her to restore marital ties - This egoistic approach cannot be accommodated..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife failed to substantiate the allegations of mental and physical cruelty through reliable and convincing evidence - No complaint before any Court or report before any police station was filed by wife against husband regarding alleged cruelty - Even, she never informed her father,..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 13(1A) -- Order allowing application U.O.7.R.10 CPC - Appeal - Commercial suit - Order is appealable U.O.43.R.1(a) CPC and therefore in terms of S.13(1-A) Proviso of Commercial Courts Act, appeal would be maintainable...........
