Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence on record proved that husband was guilty of treating wife with utmost cruelty as he not only physically assaulted her and her daughter but also gave her mental pain by threatening her and pressurizing her to fulfill his illegal demands - Husband not even came forward to refute the allegations by..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex-parte decree - Setting aside - Cannot be allowed in routine - Special circumstances are required to be established - Special circumstances has to be construed having regard to individual fact situations - Court has to balance the equities and while safeguarding interest of plaintiff, appropriate conditions..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent prohibitory injunction - No case made out by plaintiff that defendants were attempting to cause damage or mischief to property - Lower Court granted the relief without any plea of foundational facts in plaint - Moreover, Court also granted a decree of declaration of appellant's 1/5th right over property without asking..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - Court to decide first appeal keeping in view the scope and powers conferred on it under S.96 read with O.41.R.31 CPC - Judgment of appellate Court shall state : (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition filed by husband - Allegations of husband are vague and general - No specific incidence of quarrel which humiliated either husband or mother-in-law - Husband not stated any specific date, month or year when wife insulted him in presence of his friends and relatives or left the house without..........
Hindu Marriage Act, 1955, Section 13 - - Divorce - Cruelty - Husband alleged wife had performed second marriage but had not led any evidence - Complaint by itself is not sufficient to establish false and baseless allegation of adultery - No women would tolerate leveling false allegation of adultery on her character - Payment of maintenance charges would not be enough to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside an exparte decree - Petitioner had adequate knowledge about pendency of litigation but failed to appear - Petitioner chose to file setting aside the ex parte proceedings after 8 years when revision was decided against them - Petition dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioner was well aware of the proceedings and sought to get himself impleaded as party, had not field written statement, was proceeded against exparte, thereafter did not Challenge the exparte proceedings and let a final decree passed - After final decree has been passed, petitioner slept over his right inspite..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the grounds of cruelty and desertion - Wife was harassed for bringing insufficient dowry - Wife was also taunted for not being beautiful and good looking - Husband was addicted to drugs and used to beat wife and wife was thrown out to matrimonial home - Even on birth of child nobody came to meet wife in..........
