Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Mere fact that wife conceded the request to undergo DNA test of child, still it was obligatory for Court to consider best interest of child - No one can be compelled to undergo blood test - Moreover, in case of a minor child, he is not capable of taking decision of agreeing to test or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Order of setting aside decree of divorce - Death of husband - Second wife of deceased husband who allegedly got married after a decree of divorce was granted, is review applicant - Since contentious issues have been raised with regard to validity of marriage of second wife, issue relating to divorce..........
Muslim Law -- Khula divorce - It is a mode of dissolution of marriage when wife does not want to continue with he marital tie and can settle the matter privately by consulting a Mufti (Jurist Consult) of her School...........
Muslim Law -- Difference between Khula divorce and a Mubaraat divorce - Former is initiated by wife whereas both spouses desire a separation in a Mubaraat divorce - In essence, a wife's right to Khula is parallel to a husband's right to Talaq and both forms of divorce are unconditional...........
Muslim Law -- Khula divorce - Quran confers absolute right on the wife to annul marriage with her husband - Husbands consent is not a precondition for validity of Khula...........
Muslim Law -- Khula divorce - There are four different procedures/approaches undertaken in the case of a Khula divorce - Procedure 1 : Khula divorce envisages a private settlement where a person only needs to consult a Mufti of his/her school - Procedure 2 : Concept of Khula by women is the counterpart of Talaq by men in Muslim law - Procedure 3 : Khula may be invoked..........
Muslim Law -- Khula divorce - It is a no fault divorce initiated by Muslim wife - Upon a demand for Khula, husband does not have the option to refuse the demand save and except to negotiate the return of dower (Mehr) or a part thereof...........
Muslim Law -- Khula divorce - Approaching a Mufti for a Khulanama is not compulsory and does not reinforce the Khula as the Fatwa/advisory decision given by a Mufti is not legally enforceable in a Court of law - Husband may approach a Court/Qazi for adjudication on the status of marriage consequent upon wife seeking Khula...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not to be tested by merely ascertaining which party left matrimonial home first - If one spouse is forced by conduct of other to leave home it may be that spouse responsible for driving out, guilty of desertion...........
