Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Appeal thereagainst - Parties are living together along with children - Decree of divorce by mutual consent set aside...........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Wife despite passing of decree for restitution of conjugal rights, did not join the company of husband and failed to comply with said decree - Consequently, after passing of one year husband filed a petition u/s 13 of the Act for dissolution of marriage, which was accepted by Family Court -..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Agreement to sell -- Specific performance - Readiness and willingness is sine qua non for obtaining decree for specific performance of contract as required u/s 16(c) of Specific Relief Act...........
Divorce Act, 1869, Section 10 -- Divorce - Non-consummation of marriage - Petition by husband - Both the parties have made reciprocal accusation for non-consummation of marriage - Factum of non-consummation of marriage between parties is corroborated by medical reports of wife - Parties are unable to consummate marriage due to practical impossibility to perform sexual act..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Decree of divorce cannot be granted merely on the ground that husband and wife are living separately since last so many years...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Bald and general allegations raised by husband against wife - In absence of any cogent and reliable evidence led by him, it cannot be said that husband was harassed by his wife so as to obtain a decree for dissolution of marriage on the ground u/s 13(1)(ia) of the Act - As regarding..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Auction sale - Confirmation - Merely on the basis of participation in public auction, there was no vested right with plaintiff to claim decree for mandatory injunction - Suit for mandatory injunction is not maintainable...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
Civil Procedure Code, 1908, Order 22, Rule 3, 3A -- Compromise decree - Setting aside - Compromise recorded in a suit lawfully or unlawfully cannot be assailed by separate suit - Only forum is same Court which passed the decree based on compromise...........
