Dissolution of Muslim Marriages Act, 1939, Section 2(viii)(f) -- Divorce - Second marriage by husband during subsistence of first marriage - Refusal to cohabit and perform marital obligations with previous wife tantamount to violation of Quranic injunctions which commands equal treatment of wives if husband contracts more than one marriage - Wife held, entitled to decree..........
Hindu Marriage Act, 1955, Section 28, 13(1)(ia) -- Decree of divorce - Remarriage by husband after expiry of statutory period for filing appeal but during pendency of appeal - Appellant did not take steps for service of notice upon husband within time, as a result of which he was not aware of the stay order - Husband remarried being unaware of pendency of appeal and stay..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Condonation of delay - Dismissal of application by first appellate Court - Second appeal filed against such order and not against order dismissing first appeal - Order dismissing application for condonation of delay is not a decree and in the true sense it is only a formal order - Second appeal..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1265 days in filing application for setting aside ex parte decree - Defendant failed to explain the delay in proper manner - No medical reports were produced for fracture as alleged by defendant - Defendant not produced his passport to show that he was not in..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 days in filing appeal - Decree under Hindu Marriage Act - Appeal filed on 4.8.2021, though judgment challenged under appeal was delivered on 23.11.2019 - Excluding period of limitation prescribed under Hindu Marriage Act and period taken for getting certified copy of judgment and also excluding period as..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Scope - Provision of O.41.R.5 CPC provides for only stay of proceedings under a decree or stay of execution of decree - Provision does not empower appellate Court to stay operation of judgment...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife, both are doctors by profession - At the time of marriage wife was in UK and husband was in India - Parties went to UK after marriage - However, due to continuous intimidations between them, husband returned to India - Wife has not made up her mind to live with her..........
