Hindu Marriage Act, 1955, Section 9, 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Petition for restitution of conjugal rights - By amendment of plaint additional relief of divorce sought - Amendment declined - There is no illegality in claiming alternative relief - Order refusing amendment erroneous - Amendment allowed...........
Civil Procedure Code, 1908, Section 144 r, w, 151 -- Restitution - Order passed by First Appellate Court - Power of restitution is not confined to S.144 - Court has inherent power to grant restitution where S.144 in terms does not apply - Contention that application should have been filed in the Court of first instance - It cannot be said that First Appellate Court had no..........
Civil Procedure Code, 1908, Section 144 -- Power to order restitution is given to the Court of first instance - Exparte eviction decree - In execution landlord taking possession - In appeal by tenant challenging exparte decree. Appellate Court setting aside decree and also ordering restitution of premises - Held, Appellate Court not right in ordering restitution - It could..........
Civil Procedure Code, 1908, Section 23 -- Husband filed divorce petition in Bhopal (Madhya Pradesh) and wife filed petition for restitution of conjugal rights in Ahmednagar (Maharashtra) - Wife seeking transfer of petition of husband to her Court - Held, transfer application will lie in the High Court of Madhya Pradesh and not in Bombay High Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition by wife -Allegation of unchastity of wife - Nothing on record to prove the unchastity of wife - No suit for restitution of conjugal rights or divorce by husband - Husband cannot escape from his liability to maintain his wife...........
Criminal Procedure Code, 1973, Section 125 -- Cruelty - Husband undergoing vasectomy operation prior to marriage and this fact suppressed at the time of marriage - Wife deprived to bear children - Amounts to cruelty - Husband obtaining ex parte decree for restitution of conjugal rights - Not a bar to claim maintenance by wife u/s 125 Cr.P.C. as cruelty on which maintenance..........
Civil Procedure Code, 1908, Section 144 -- Exparte eviction order - Possession taken and another tenant inducted - Exparte eviction order set aside - Restoration of possession sought by tenant who was dispossessed - Held, landlord is bound to restore possession - Subsequent tenant cannot be equated to the status of bona fide purchaser and has no independent right -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Resumption of cohabitation after passing of the decree for restitution of conjugal rights - Is to be by volition of both parties or by reconciliation - It cannot be a mere attempt by one of the spouses against the will of the other - The resumption by force or deceit cannot be a substitute of resumption of cohabitation by..........
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Once the decree under which possession was delivered, was set aside, there is no jurisdiction in a court to stay restitution...........
Civil procedure Code, 1908, Section 144, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Exparte eviction order - Tenant evicted - Exparte decree set aside and court ordering restitution of possession - In the meantime landlord transferred property who inducted tenant - Tenant filing suit and sought temporary injunction restraining execution of order of..........
