Civil Procedure Code, 1908, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 12(1)(c) -- Preliminary issue - Annulment of marriage - Issue with respect to mental status of wife and non consummation of marriage - Both issue involve factual evidence - Cannot be tried preliminary issues without a finding on other issues...........
Hindu Marriage Act, 1955, Section 5 -- Marital status - Long cohabitation between parties - School records of children of plaintiff/wife and voter list shows that deceased married plaintiff as his third wife - Moreover, plaintiff cohabiting with deceased from long time - They have been recognized as husband and wife by society - Thus, plaintiff acquired status of third..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Determination of - Approach of Family Court is causal in assessing the income and expenditure of spouses - Peculiar facts of case not considered by Family Court while assessing income of husband - Even income of wife not assessed by Family Court - Impugned order of Family Court awarding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Subject contract already terminated and yet without seeking any interim stay upon effect and operation of order of cancellation of contract or any restoration of status quo ante, a prayer..........
Hindu Marriage Act, 1955, Section 5, 11, Specific Relief Act, 1963, Section 34 -- Legally wedded wife - Suit for declaration - Marriage between plaintiff and deceased solemnized during the subsistence of first wife of deceased - Second marriage not valid as per Hindu law - Solemnization of marriage between plaintiff and deceased again after death of first wife of deceased..........
Civil Procedure Code, 1908, Order 44, Rule 3(1) -- Appeal by indigent person - Delay in filing appeal already condoned - Since plaintiffs/applicants have compiled with the provisions of O.44.R.3(1) CPC, there is no need to examine their status regarding pauperism from registrar - Applicants permitted to sue the matter without paying Court fee...........
Constitution of India, 1950, Article 162, Maharashtra Universities Act, 1994, Section 8(3) -- Absence of recital of source of power - Cannot determine legal status of instrument or deprive instrument of its efficacy...........
Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 53A -- Agreement of sale - Cannot be taken as evidence for want of stamp duty and registration - However, it can be relied upon for collateral purposes such as proving of delivery of possession and status of plaintiff i.e. his possession is lawful or unlawful...........
Evidence Act, 1872, Section 112, 114 -- Paternity of child - Second marriage - Conflicting descriptions shown in documents relating to name of father of plaintiffs - Paternity of plaintiffs not proved - Thus, it is unsafe to presume valid marriage by long cohabitation between deceased and mother of plaintiffs in absence of any evidence - Plaintiffs miserably failed to..........
Bombay Tenancy and Agricultural Land Act, 1948, Section 70(B) -- Protracted tenant - Declaration of status - Petitioners claimed to be tenants in respect of individual plots - However, gut numbers mis-matched with survey numbers provided by petitioners in respect of plots claimed by them - More so, several rounds of enquiries already undertaken and petitioners failed to..........