Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View..........
Family Courts Act, 1984, Section 9, Hindu Marriage Act, 1955, Section 23(2) -- Reconciliation - It is general belief that process of reconciliation requires physical presence of both parties at same place and at same time - Physical presence of both parties together is emphasized since it is perceived that when parties are alone together they are able to strike an..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - "Footage in Video Conferencing becomes part of the record" is incorrect - Discussions relayed through Video Conferencing in course of..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Video Conferencing cannot be excluded from any stage of proceeding before Family Court - Whether it should be adopted in a particular case must..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Allegation that wife expelled from matrimonial home by husband - However, no application for restitution of conjugal rights filed by wife - Rather, she filed civil suit for recovery of dowry items and stridhan - More so, after about one year from said expulsion wife made a report to..........
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in a criminal case filed by wife - Case filed by wife cannot be called as a false case, as such, acquittal of husband not a ground of cruelty for husband to get divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband not ready to take wife to matrimonial house and so wife has no other alternative than to take steps to enforce her rights by filing proceedings under Protection of Women from Domestic Violence Act and S.125 Cr.P.C - Such steps taken by wife by no stretch of imagination can be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Rejection of plaint - Dismissal of application - Adoption - By virtue of amendment in the Act in year 2005, no such vested property can be presumed in favour of plaintiff as no such indefeasible right was ever created in favour of plaintiff prior to the year 2005 i.e. on..........
Hindu Succession Act, 1956 -- Right to inheritance - Conversion to Islam - A Hindu Convert does not lose right to inherit property under the Act, as change of religion and loss of caste have long ceased to be grounds of forfeiture of property, as per S.1 of Caste Disabilities Removal Act - Only disqualification to inheritance on the ground that person has ceased to be..........
