Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - When agreements in question contains arbitration clauses, Court ought to have allowed application u/s 11(6) of the Act and ought to have left issue on arbitrability of dispute between parties to arbitrator...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties are determined to live separately and not to reconcile the issues between them - Meditation attempts between parties have failed - There are irreconcilable difference between parties rendering the marriage as of today, a mere legal fiction - Though irretrievable breakdown of marriage is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has been paying Rs.2500 pm as interim maintenance u/s 125 Cr.P.C and Rs.3000 p.m u/s 24 of H.M Act - Husband directed to pay one time permanent alimony of Rs.10,00,000 (Rs.Ten lakhs only) as full and final settlement of all disputes between parties...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - One of parties to marriage is a Christian and marriage between parties was held in accordance with Christian ceremonies and rites - Petitioner cannot seek divorce in accordance with provisions of Hindu Marriage Act - Divorce petition dismissed...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Three arbitration agreements executed between parties - Identical arbitration clause contained in all three agreements not disputed - Respondent himself proposed to consolidate dispute under said agreements and to refer them to a sole arbitrator to one single arbitration, thus respondent..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Second motion u/s 13-B(2) of the Act by both the parties has never been moved - Husband alone filed application for compromise between parties - Wife never appeared in petition u/s 13-B of the Act - In absence of second motion not having moved by both the parties to marriage, Court cannot pass a decree of..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 12 days - Parties unwilling to live together - Parties even settled the amount of permanent alimony - Only because 9 days fell short of completing period of 1-1/2 years before first motion, that too on the date of filing mutual..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Parties have lived together in a matrimonial home only for nine months - Even though, there is no child from their wedlock and even though during this litigation admittedly husband has already paid Rs.23 lakhs to wife as maintenance, yet it is fit to grant sum of Rs.18 lakhs as permanent alimony as full and final..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties are living separately since 2013 - Meditation attempts between parties have remained unsuccessful - Though irretrievable breakdown of marriage is not available as a ground under statue, however to put an end to agony of parties, marriage between parties dissolved by granting decree of..........
