Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Serious allegations of harassment made by wife against husband for her failure to meet the illegal demand of additional dowry in her counter to the divorce petition - Allegations not substantiated - Husband is entitled to decree of divorce on this ground...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - A non issue between parties cannot be projected as an issue to get the relief...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - A mere doubt as to character of wife without any semblance of cruelty experienced by husband cannot at all be a ground for getting relief of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Frequent change of residence at the instance of wife - Does not reflect cruel attitude of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleged to be a quarrelsome lady - Plea of wife that she did not use to pick up quarrel - RW2 a neighbour of the parties and a retired Naib Tehsildar deposed that it was only husband who picked-up quarrel with wife and beat her up - Evidence of an independent witness who is reputed in the village..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False complaint by wife - Nothing produced by husband to show that complaint by wife was a false complaint - Without any documentary proof, it cannot be said that complaint by wife was a false one...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Both the parties had lived as husband and wife together for more than 16 years - Husband contended that wife had not cared about mental growth of male child as she violently threw away his tablets as prescribed by doctor - Wife stated that she preferred to throw away the tablets as she genuinely felt that..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Limitation - Suit was admittedly filed more than a year and objection was taken that Art.97 of Limitation Act applied and suit was barred by law - Plaintiff pleaded that preferential right in property to approach Court is only through an application and therefore application cannot be..........
