Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Locus standi - Husband admitted that civil Judge has declared that respondent is his wife - Even, husband has been paying maintenance allowance to wife - Husband has thus, locus standi to maintain petition for dissolution of marriage u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(i) -- Divorce - Cruelty and adultery - Petition by husband - No material to sustain any allegation made in the petition that wife was living in adultery and she was treating the husband with cruelty - Not a single allegation has been established as probable - General statements which do not inspire confidence in the Court..........
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 -- Priority in Public Employment - Petitioner is issued with community certificate as `Backward Caste' and his wife is issued with community certificate as `Scheduled Caste' and therefore, petitioner is entitled to get inter-caste marriage certificate for purpose of availing benefits including priority in..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, 20 -- Divorce petition - Proof of CD containing conversation between husband and wife recorded surreptiously without consent or knowledge of wife - It is a clear cut infringement of privacy of wife - Acceptance of CD in question shall amount to a clear cut breach of fundamental right of wife and her..........
Evidence Act, 1872, Section 66 -- Notice to produce documents - Complaint u/s 12 of Domestic Violence Act - Application by wife calling upon Protection Officer to produce original complaint and documents - Protection Officer is custodian of original complaint and documents - Whether there exits such documents or not cannot be adjudicated at the time of passing order u/s 66..........
Service -- Misconduct - Removal from service - Nature of allegations against respondent are grave in nature as he not only threatened complainant but misbehaved and abused and injured him and made false allegation against him of sexual harassment to his wife - Charges levelled against respondent stood proved by disciplinary authority in a departmental inquiry and such a..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife and son - Adultery - Husband denied the paternity of son born to wife - DNA profile of son not matched with DNA profile of husband - Son held, not born from cohabitation of husband and wife and therefore, wife is living in adultery - Maintenance rightly denied to wife and son...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 -- Protection of Women from Domestic Violence Act, 2005 - Both the acts are to be read simultaneously - A wife cannot be ousted from her matrimonial home on the basis of summary proceedings under Senior Citizens Act, 2007...........
