Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Custody of child was mutually given to mother/wife in divorce proceedings u/s 28 of Special Marriage Act - Father/husband thus, had a remedy to approach same Court in terms of S.38 of Special Marriage Act, which passed the decree - Application filed by father u/s 25 of the Act is not..........
Consent decree -- Joint family property - Consent decree passed inter se defendants and their family members are basically agreement arrived at between parties with seal of Court superimposed - Once plaintiff becomes owner to the extent of his share as Class I heir, such decrees would not affect her rights...........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of FIR - Wife had not mentioned the date on which she was thrown out from matrimonial home in FIR - Wife was not present in divorce proceedings and ex parte decree was passed against her - FIR filed only to harass and humiliate husband - FIR filed by wife is not bona fide - FIR quashed...........
Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010, Section 12(1), Criminal Procedure Code, 1973, Section 482, Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Quashing of complaint - Marriage was solemnized in Jammu and thereafter couple shifted to Germany and became citizens of Germany and being citizens laws of Germany would be..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - After marriage couple moved to Germany and become citizens of Germany - Decree of divorce granted on 20.07.2017 not be challenged - FIR dated 30.12.2017 quashed as there is no existing husband and wife relationship...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - S.28(1) of the Act empowers the Court which has passed the decree to either extend the time in favour of purchaser to deposit requisite amount or can order rescission of contract in the event of default by purchaser - This power is vested with same Court which had passed the decree...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Computation of period for deposit of sale consideration - First appellate Court decreed the suit against which second appeal was filed which was dismissed - Original decree passed by first appellate Court merged with decree passed by Second appeal and it further got merged with decree of Supreme..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
Civil Procedure Code, 1908, Section 96 -- Appeal by third party - A person who is affected by a judgment but is not a party to suit, can prefer an appeal with leave of Court - Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned...........
Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
