Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 9, 13A, 21 -- Plaint - Amendment - To convert a petition for restitution of conjugal rights to a petition for divorce - Amendment sought not imperative or proper for effective adjudication of the case - Prayer for restitution of conjugal rights and divorce are two diametrically opposite prayers..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application for - Delay of 7 years - Petitioner, son of defendant sought his impleadment after lapse of 7 years form the date of institution of suit on the ground that he is coparcener of joint Hindu family - Earlier Trial court was directed to conclude the proceeding within one year - Evidence has..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed through grand father - Minor can file suit through next friend who need not to be the natural guardian only - Natural guardian can be any person, not necessarily any of the guardians enumerated in S.4 of Hindu Minority and Guardianship At, 1956 - Held, suit filed by minor through grand father is..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree in favour of husband - Husband thereafter undergoing second marriage - Exparte decree set aside - Held, second marriage automatically becomes void...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought on ground that no cause of action has arisen in favour of plaintiff - Partition suit instituted by son during life time of his father is not maintainable - Suit property cannot be partitioned in view of the Hindu Succession Act and plaint is liable to be rejected - Held, it is during course of..........
Punjab Civil Services Rules, Vol -- B(1) and 6.17 - Hindu Adoption and Maintenance Act, 1956, Section 16 - Family pension - Family - Unmarried adopted daughter - Claim for family pension - Adoption of the petitioner by the deceased on 7.2.1988 when she was only 8 months old - There is absolutely no confusion or doubt about the status of the petitioner as an adopted..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Plaint - Amendment at appellate stage - Petition filed by respondent on the ground of desertion - By proposed amendment, respondent sought to introduce a new set of facts, which gave rise to a new cause of action - Some facts stated in proposed amendment were even contrary to the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu Law - Joint family property - Partition deed - Appellants have successfully rebutted the presumption of continuance of joint family and they have proved that suit property was partitioned long time back by metes and bounds - Each of the three holdings has its own area and contours - It is not just a case of mere..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11 -- Custody of minor child - Review/modification of consent order - Custody of minor child given to mother by way of consent order with visiting rights to father - Mother tutored child to make him hostile towards father and thus frustrated..........
