Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Acts of indifferent, non-accommodative nature, constant taunts on the husband's financial capacity, disrupting family relations and an extremely disrespectful attitude of wife is per se a conduct that would cause disquiet in the mind of husband - Such constant bickering and..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non compliance with decree of restitution of conjugal rights - Either party can seek divorce on the ground of non-compliance of decree for restitution of conjugal rights and Judgment Debtor cannot be precluded from exercising his right to avail the relief thereof...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff did not show any urgency as he had earlier filed a suit without seeking any urgent interim reliefs and then withdrew the same - Subsequently, he filed a suit along with an application for seeking ex..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of brother - Senior citizen/respondent is aged about 64 years and is handicapped - Petitioner who is her brother threatened to kill her - Respondent is owner of property as declared in suit for declaration filed by her - No decree for possession was passed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of money amounting to Nine lakhs - Ex parte decree set aside subject to payment of Rs.500/- costs - In general a money decree is not stayed unconditional and J.D. would be put on terms on the ground that such conditions must be reasonable with regard to all relevant factors..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are residing separately since 2011 and there has been no contact whatsoever between them during this long period of almost 13 years - Wife is not even responding to summons issued by Courts - She is no longer interested in continuing the marital relations with husband - Marriage..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - O.21.R.29 CPC can be applied only if Court is convinced that it is conducive in the interest of both the parties to stay execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - Petitioner who embarks on the provision should establish that there exists fairly arguable questions to be decided in the pending suit...........
Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
