Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Compelling a spouse to forsake his parents is held cruelty particularly in the context of Indian Joint Family values...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
Civil Procedure Code, 1908, Section 24 -- Transfer of domestic violence complaint - Husband sought transfer of domestic violence complaint to be heard along with divorce case filed by him - Where proceedings between same parties involving common questions of fact and law are pending before different Courts in close proximity, it is desirable that they be tried together by..........
Indian Penal Code, 1860, Section 304II, 294(b) -- Offence u/ss 304-II, 294(b) IPC - Evidence of projected eye witnesses to have witnessed assault is highly doubtful - No blood stain detected on wooden log used in assault by appellant as per forensic report - PW1 and PW8 took deceased to Hospital in a Auto travelled for some time, there is no blood stained clothes of both..........
Armed service -- Disciplinary proceedings - Penalty - Appellant was issued an out-pass to enable him to visit hospital but, instead of visiting hospital, appellant was found at the residential colony at a distance about 12 kms from his Camp - He had been detained by civilians on account of indulging in some unwarranted activity - Though there was no evidence of trespass..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC empowers a party to seek production of documents in the possession, custody or power of the opposite party, if such documents relate to matters in question in the suit - The Court must ensure that this right is exercised in a manner that is proportionate and does not permit undue..........
Family Courts Act, 1984, Section 9, Hindu Marriage Act, 1955, Section 23 -- Settlement/reconciliation - It is ethically and legally acknowledged imperative that mediator and parties should keep secret of issues identified during pacification procedures and no deviations can be accepted...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a Director of a Company and is also a Doctor who has been receiving regular dividends - Fact that wife has received substantial monies for last three financial years is also not in dispute - Husband has stated that he is willing to meet educational expenses of his son and is also willing to pay the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Head of pain and suffering to family members - Tribunal had awarded an amount of Rs.3 lacs towards pain and suffering to family members of claimant - High Court set aside grant of compensation under said head without assigning any reason - When Tribunal had awarded compensation under head of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lived with husband for around ten days after marriage - She deserted him and was residing separately since 2016 i.e. for last almost ten years - Wife has admitted in her cross-examination that much time had passed since their marriage and they were not in touch with each other and..........
