Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal would not abate, as there would be a direct legal consequences affecting status of parties as well as proprietary rights of either of them which would flow from decree of Family Court...........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal not abated as there are proprietary rights surviving for consideration even on the death of husband - Since matrimonial cruelty necessary for grant of a decree of divorce or desertion with a clear intention to put an end to marriage has not been..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Parties were in domestic relationship as on the date of application, as application filed before decree of divorce was passed - Application u/s 12 of the Act is maintainable...........
Civil Procedure Code, 1908, Section 51 -- Execution - Money decree - Inability of JDs to pay amount does not automatically result in civil imprisonment - Court is required to record a positive finding that JDs are intentionally evading to re-pay the amount despite resources...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Hindu Marriage Act, 1955, Section 25(2) -- Application u/s 25(2) of the Act - Maintainability - Divorce petition is pending between parties and no decree of divorce has been passed till date - S.25(2) of the Act is not applicable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server was disclosed that defendant is serving in Delhi police - However, no attempt made by plaintiff to serve defendant at his office address - Ex parte decree rightly set aside...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Burden is always on plaintiff to prove his title to seek a decree of declaration - Plaintiff has to establish not only his title, but also title of his vendors, particularly when it is in respect of item of immovable property...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
