Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 9 -- Suit for declaration of marital relationship - Not a proceeding u/s.24 of Hindu Marriage Act, 1955, S.24)...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9, 21A -- Petition filed by husband u/s 9 Hindu Marriage Act at place `F' - Thereafter wife filed petition u/s 125 Cr.P.C. at place `L' claiming maintenance for herself and for her minor child - Wife should not be forced to face trial of petition u/s 9 of Hindu Marriage Act at a different place -..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Husband filed petition under Section 9 Hindu Marriage Act - Subsequently wife filed maintenance petition under Section 125 Cr.P.C. - Held, proceeding under the Hindu Marriage Act cannot operate as a bar for proceeding of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Husband filed petition under Section 9 Hindu Marriage Act - Notice of the petition served on wife - Thereafter wife filed maintenance petition under Section 125 Cr.P.C. - Maintenance petition so moved cannot be termed as mala fide application...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 9 -- Expln. VIII - Acquittal in a criminal case u/s 494 IPC holding that there was no marriage-Suit under section 9 Hindu Marriage Act is not hit by such finding of criminal Court...........
Hindu Marriage Act, 1955, Section 9 -- Suit by wife for restitution of conjugal rights-Grant or refusal or relief-Guiding principles...........
Hindu Marriage Act, 1955, Section 12, 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- On 26.7.1984 exparte decree passed against wife - wife filed application to set aside the ex parte decree on 13.8.1984 - ex parte decree set aside on 3.3.1987 - Appeal by husband - contention of husband that he had performed second marriage on 31.8.1984 as such the application of wife..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Provisions of O.9R.13 CPC are applicable to the proceedings under the Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 13B(2), 9 -- Petition for restitution of conjugal rights when amended to be a joint petition for divorce by mutual consent, such amendment relates back to the original petition and statutory period of six months in S.13-B(2) is not a bar to the passing of a decree for divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Divorce - Exparte divorce decree in favour of husband - Wife living separately with minor female child - If exparte divorce decree is allowed to stand then life of minor child is likely to be ruined - Even otherwise efforts should be made that matrimonial alliance remains intact - In..........
