Hindu Marriage Act, 1955, Section 13B -- Divorce - Petition for divorce treated as one filed u/s 13-B of the Act - Efforts made for settlement failed for last more than six years - Parties now reached settlement to get themselves separated - Decree of divorce granted by treating the petition for divorce as one filed u/s 13-B of the Act...........
Civil Procedure Code, 1908, Order 23, Rule 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree of divorce - Suit for declaration that consent decree is null and void - Consent decree of divorce cannot be challenged by filing a suit - Remedy is open to respondent to file an application in the same suit in which compromise was recorded U.O.23.R.3-A CPC -..........
Family Courts Act, 1984, Section 10 - - Proceedings before Family Court - Applicability of CPC - Provisions of CPC are applicable to suits and proceedings before Family Court - Order passed by Family Court has the effect of a decree and is executable in the same manner as prescribed in CPC, which is clear from S.18(1) CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In absence of any appeal being filed from the common judgment deciding two suits, failure to challenge the decree passed in one of them would not permit the appellate Court to decide the appeal challenging other decree - Appeal rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be restored - If such an..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is maintainable and so the writ..........
Hindu Marriage Act, 1955, Section 25(1) -- Permanent alimony - On an application made either by the wife or the husband, at the time of passing any decree or at any time subsequent thereto, the court shall order the payment of permanent alimony and maintenance which may appear to be just on account for maintenance and support till the life of the applicant keeping in view..........
Civil Procedure Code, 1908, Order 34, Rule 5, Transfer of Property Act, 1882, Section 60 -- Mortgage - Final decree in suit for sale - Right of redemption - Where suit property is mortgaged and sold out in Court auction to third party for realization of money dues and sale become final, mortgagor of property have no right of redemption as mortgagor can redeem property only..........
Civil Procedure Code, 1908, Order 20, Rule 6 -- Decree - Every endeavor should be made to ensure that decree is drawn up as expeditiously as possible and within an outer time limit of fifteen days from the date on which judgment is pronounced - An appeal can be preferred without filing a copy of decree and judgment shall cease to have the effect of a decree for the..........
