Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - No evidence from expert who are competent to determine whether wife is suffering from mental disorder - Wife serving under CISF and if she is really suffering from any mental disorder she would not have been allowed to continue in her service - Nothing on record that wife has been declared..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife who is serving in CISF is not expected to take all care of child, as is expected from housewife - Allegation to that extent therefore on face of it does not satisfy to accept an additional ground of cruelty - Even there had been no attempt to prove cruelty by wife - Ground of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Numerous complaints by wife against husband to his employer Army Authorities making serious allegations of extra marital affairs - On the basis of complaints made by wife an enquiry was initiated by Army Authorities and Army Authorities exonerated the husband of allegation..........
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..........
