Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Parties have been living separately since 2011 and efforts were made to resolve matrimonial dispute through process of mediation, but in vain as per report of mediator - Husband had suffered desertion and cruelty at the hands of wife - Decree of divorce granted..........
Specific Relief Act, 1963, Section 20, Indian Contract Act, 1872, Section 18, 19 -- Agreement to sell - Suit for specific performance - Document obtained by misrepresentation is voidable and has to be set aside - Failure to do would render decree of specific performance on basis of oral agreement to sell will be null and void and non est...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Appeal against - Appellant can always point out from record of trial Court that order proceeding him ex parte was illegal - Record shows that attempt to service summons by regular mode failed as premises of appellant were found to be locked - Trial Court did not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Mere fact that husband failed to put into execution of decree of restitution of conjugal rights, inference cannot be drawn that husband did not want company of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife went to her parental home in pursuit of some custom but when husband went to take her back she refused on the ground that she was not happy with marriage - No evidence on record that wife was subjected to torture for demand of dowry as alleged by wife - Wife deserted husband..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Custody of child was mutually given to mother/wife in divorce proceedings u/s 28 of Special Marriage Act - Father/husband thus, had a remedy to approach same Court in terms of S.38 of Special Marriage Act, which passed the decree - Application filed by father u/s 25 of the Act is not..........
Consent decree -- Joint family property - Consent decree passed inter se defendants and their family members are basically agreement arrived at between parties with seal of Court superimposed - Once plaintiff becomes owner to the extent of his share as Class I heir, such decrees would not affect her rights...........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of FIR - Wife had not mentioned the date on which she was thrown out from matrimonial home in FIR - Wife was not present in divorce proceedings and ex parte decree was passed against her - FIR filed only to harass and humiliate husband - FIR filed by wife is not bona fide - FIR quashed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
