Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Grant of - Husband was having illicit relationship with his aunt and due to this wife was living separately - Despite several efforts husband was not willing to forsake that relationship - Held, finding of family Court that petitioner/wife has become disentitled from claiming maintenance as she has refused to..........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not served with summons in suit - Their address in suit was also not correct - Defendants had no knowledge about pendency of suit - However, Advocate appeared on behalf of defendant by filing memo of appearance - Plea of defendants that they had never authorized Advocate to put in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 43, Rule 1(d) -- Ex parte decree - Application to set aside ex parte decree dismissed - Appeal against order dismissing application is maintainable - Petitioner can canvass the circumstances which transpired earlier to seek the indulgence of the Court for issuing appropriate..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a specified period and (a) Court..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte order in appeal - Rehearing of appeal - Appellant was already a major - Appellate Court appointed a G.A.L. to represent appellant - Appellate Court on an erroneous assumption held that appellant was represented by her G.A.L. was sufficiently represented and application U.O.41.R.21 CPC is not maintainable - Held,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - After passing of the decree husband remarried - Held, just because husband has remarried, the requirement of proper service cannot be done away with...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Case not of irregular service but of no service - Ex parte decree rightly set aside...........
Arbitration and Conciliation Act, 1940, Section 14, 17, Limitation Act, 1963, Article 119(b) -- Arbitration award - Made rule of the Court ex parte - Setting aside - Objection filed more than a year thereafter - Limitation period for filing objection was 30 days from date of service of notice of filing of Award - Even no ground whatsoever was pleaded for condonation of..........
