Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife left his company for about 5 years back and has never tried to return to her marital house to join company of husband - However, ingredients of animus deserendi on the part of wife are not proved - Rather it was husband who failed to bring her back to marital..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte maintenance order passed u/s 24 of Hindu Marriage Act in proceedings u/s 9 of Hindu Marriage Act - Application to set aside order proceeding ex parte - Held, O.9.R.7 CPC do not apply for interference with the final order passed in proceeding u/s 24 of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Executed in favour of Gurudwara - Property of senior citizen - Suit property was situated near Gurudwara and was left locked from outside - Brother of senior citizen executed gift deed of suit property in favour of Gurudwara - Senior citizen was not aware about gift..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Eviction of son and daughter-in-law - There is no specific procedure prescribed under the Act and Rules for evicting any person who has allegedly occupied immovable property of a senior citizen illegally and has thereby put a senior citizen to mental torture -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - One or two lapses from virtue of a wife are insufficient to hold that wife is living in adultery...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Involvement of a wife in lapses of virtue will not disqualify her from entitlement to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Commission of adultery and living in adultery have its own connotations and each has to be established by cogent evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Husband maintaining some doubts about relationship of wife and one `P' - True that husband has only spoken about some instances of meeting together of the parties, but that evidence is highly insufficient to hold that wife is living in adultery with `P'...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance allowance - Cannot be ordered to be deposited in Bank account, as it is meant to be released to party or to next friend in case party is a minor - Direction issued to husband to open Bank account in the name of minor daughter and to deposit monthly maintenance allowance in her favour, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried - However, husband failed to produce any documentary evidence in this regard - Wife on the other hand failed to enter into box to state truth about allegation that she married another person and was staying with him - Failure of wife to tender evidence to..........
