Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Petition by husband - Parties are living separately since from 2006 without any attempt by either side after 2008 to re-establish marital relationship between two - However, they have not been living separately on account of their own free will - Wife was forced to live separately on account of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
Wakf Act, 1995, Section 83 -- Suit for permanent injunction - Dismissal of suit on account of lack of jurisdiction - S.83(5) of the Act, provides that Tribunal shall be deemed to be a Civil Court under CPC while trying a suit or executing a decree or order - Dispute is not between Wakf Board and Gram Panchayat with regard to nature of land rather Wakf Board has filed suit..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Period of 2 years of desertion on part of wife had not expired on date of presentation of plaint - Precondition provided u/s 13(1)(ib) of the Act, therefore, was not fulfilled on date of presentation of suit - Subsequent events which have taken place after institution of suit are..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 534 days in filing appeal against decree passed in Counter claim - Respondent has not approached Court with clean hands as he suppressed material facts, that too, deliberately and intentionally and thereby tried to gain an unfair advantage from the Court, that too, by casting serious allegations..........
Hindu Marriage Act, 1955, Section 13B, 25(2) -- Divorce by mutual consent - Any party seeking variation in terms and conditions of divorce can resort to provisions of S.25(2) of the Act, or to any other remedy, but decree of divorce must remain intact, unless fraud, undue influence or coercion is proved...........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - No appeal lies u/s 19(2) of the Act of 1984 against consent decree of divorce under Hindu Marriage Act...........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 20, 28 -- Execution - Decree for specific performance - One months time granted to execute registered sale deed - Appeal filed against decree - No specific time fixed by court for performance of contract - It has to be reasonably presumed that within three years from the date of non performance, the..........
