Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Plea of financial insecurity taken by wife - However, wife has not come forward with any kind of allegation that husband does not have any income - Wife has not pleaded anywhere nor deposed on the plea of financial instability - Court shall not permit counsel to make out a case which is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Neither in the application nor in her evidence wife pleaded incident of physical cruelty except that husband did not take care of her when she was admitted in hospital - Nothing can be seen from the evidence of daughter of parties nor even an incident is ever disclosed from which it can..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Principal amount under the decree already paid - Only dispute is with regard to amount of interest - Defendants are in a precarious financial position, whereas DHs have been granted relief by Court - Principal amount stands..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Divorce petition - Jurisdiction of Court - Objection as raised by defendant goes to the root of jurisdiction of Court as such it would be adequate and proper that said issue is decided as a preliminary issue - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Allegation of slander by husband not proved - Husband on question asked in cross examination stated name of three persons with whom wife was talking over phone and chatting with three of his colleagues - It does not constitute leveling of an allegation on record as made with deliberation..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court can remand a case against a decree of lower Court disposed of otherwise on a preliminary point if decree is reversed in appeal and retrial is considered necessary not otherwise...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife left matrimonial home along with child with some of her relatives - However, there is no statement that it was against wish of husband or wife left without his consent - Husband on the other hand never took wife to his service place - No intention of wife to put..........
Agreement to sell -- Specific performance - Readiness and willingness - It is not necessary that plaintiff in a case for specific performance has to produce money or vouch a concluded scheme for financing the transaction to prove his readiness and willingness in order to successful claim of decree of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
