Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenic form of psychosis is proved on record by husband - Parties living separately since 2005 - There is no chance of reconciliation - More so, for the reason that husband already convicted u/s 498-A IPC at the instance of wife though released on probation -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Marriage between parties stands dissolved - 17 years old daughter is living with wife, whom she has to maintain till she is major and to get her married - Husband directed to pay an amount of Rs.15 lakhs as permanent alimony to wife in the interest of justice...........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
Hindu Marriage Act, 1955, Section 13B -- Parties arrived at settlement during pendency of transfer of divorce petition filed by husband - Amount of Rs.12 lakhs paid to wife - FIR lodged by wife u/ss 498-A, 406, 506(2) read with S.34 IPC quashed - Marriage between parties dissolved by consent...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Merely because parties are living separately for more than 7 years and there is no possibility of their reunion, by itself is no ground of irretrievable breakdown of marriage as it is not a ground for dissolution of marriage under the Act - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Reopening of issue of maintenance pendente lite - Earlier application of wife u/s 24 of the Act dismissed - Another application u/s 25 of the Act filed by wife disposed of with a finding that wife was responsible for delay in disposal of said application and such findings attained finality - More so,..........
Evidence Act, 1872, Section 62 -- Primary evidence - Photocopy of agreement - Original of the agreement and photocopy thereof signed by both the parties after comparing the same with the original - Photocopy of agreement signed by parties is thus, primary evidence of original agreement...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite during pendency of appeal filed against judgment declaring marriage as null and void - Wife is entitled to maintenance during pendency of appeal as impugned judgment declaring marriage of parties as null and void has not attained finality...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition pending in between the parties - Settlement arrived at between the parties - Terms of settlement shall be treated as an undertaking to Court - Parties to file petition for divorce by mutual consent in the pending divorce petition alongwith application for waiver of six months statutory..........
