Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance and cancellation of sale deed - Daughter and son of defendant no.1 sought their impleadment in the suit - Sale deed and agreement to sell was executed by defendant no.1 and he is still alive - Trial Court committed error by impleading applicants - Order allowing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance, permanent injunction and cancellation of sale deed - Sale deed as well as agreement to sell was executed by defendant No.1 who is still alive - Impleadment of son and daughter of defendant No.1 as party defendants by trial Court is erroneous - Order allowing application..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - Once senior citizens have their own premises in which they are living, case becomes purely a eviction case which does not fall under provisions of the Act at all...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 2(a) -- Eviction of daughter-in-law - Daughter-in-law is not covered under definition of Children as mentioned in S.2(a) of the Act - She could not have directed to be evicted from her matrimonial house...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - Mere fact that complaint under PWDV Act filed by daughter-in-law after filing of claim petition by senior citizen under 2007 Act, same would not change the colour, as marital dispute existed between parties which is to be seen and noticed and not date when same has..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Proceeding between parties is pending since 2016 - Husband, however has not disputed his qualification, but has taken a plea of joblessness - Considering standard of living and social standing of husband together with his qualification and past employment in reputed organization and balancing the same with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - No cogent evidence adduced by husband in support of his allegation of adultery against wife - Proved fact is that wife is living separately along with minor daughter and she is unable to maintain herself and minor daughter - Considering the fact that husband has parents and second wife, besides..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Marriage between the husband and wife is not disputed - Even the birth of daughter out of said wedlock is also not disputed - Wife is living in her maike along with her daughter with sufficient reason - Salary of husband @ Rs.25,000 p.m not disputed besides income from truck business - Parents..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Date from which payable - Maintenance petition was filed when wife and daughter were neglected to be maintained and they were in need for maintenance amount from husband which he was not paying - Maintenance held, payable from date of filing of maintenance petition...........
