Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - Parties are living separately and have entered into a Mubarrat agreement wherein they mutually agreed to dissolve the marriage subject to payment of Rs.30 lakhs by husband to wife - Sum of Rs.30 lakhs has been paid in full by husband and both the parties have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Merely because defendants seek for appointment of advocate commissioner, same per se does not mean that report would be in favour of defendants - Advocate commissioner is appointed for gathering the truth - If the structures as pleaded by defendants are in existence and Advocate..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to wife - Hindu wife while sustaining her marriage and preserving her marital status is entitled to claim maintenance from her husband...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both husband and wife are in Government job and working as primary School Teacher and both are on the same status - No child has been blessed from nuptial bliss - Therefore, wife has no right to receive any permanent alimony as contemplated u/s 25 of the Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of execution of arbitral award - Form of security required to be furnished should not depend on whether a party is a statutory or other governmental body or a private entity - Therefore, High Court ought not to have based its decision on the condition for grant of stay on the status of respondent as a statutory..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - In the absence of legal marriage, no offence u/s 498-A IPC would get attracted against partner of a woman or against the partner's relatives, as the partner without a legal marriage would not occupy the status of husband...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is working as Sub Inspector in Police - No salary slip has been filed by husband to show his monthly salary - Husband is owing a car and according to his designation as well as the fact that he is having car clearly shows that he is living a comfortable life for which wife is also entitled -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife assaulted her mother-in-law - However, factum of grievous injuries suffered by mother-in-law on being assaulted by sharp edged weapon was not proven to any extent - What may have occurred may therefore, continue to be described as a family squabble which may never..........
