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Landmark Judgments and Articles on Law

When decree for divorce by mutual consent is liable to be set aside?

IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 198 of 2008 (Against the Order and Decree dated 16.5.2007 passed by the learned Principal Judge, Family Court, Ranchi, in M.T.S. No. 205 of 2006) Seema Pathak ….. … Appellant Versus Chotelal Pandey ……..

Whether husband is entitled to get divorce even if he has not filed application for execution of order of restitution of conjugal rights?

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR First Appeal (M) No. 160 of 2016 Decided On: 01.05.2018 Sandeep Kumar Mishra Vs. Nikky Hon’ble Judges/Coram:T.B. Radhakrishnan, C.J. and Sharad Kumar Gupta, J. Citation: AIR 2018(NOC) 926 Chh 1. Challenge in this appeal is levied to…

When Challenging decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act infructuous

Andhra High Court F.C.A. Nos.176 OF 2008 AND 60 OF 2010 14-07-2014 Smt.K.Kavith… Appellant Shiva Shankar.. Respondent Counsel for the appellant: Dr. P.B. Vijay Kumar Counsel for the respondent:Sri A. Chandraiah Naidu Sri K. Chaitanya <GIST: HEAD NOTE: CASES REFERRED: 1. 1977 AIR 2218 2….

The child was happy with the father so custody was given to him.

Andhra Pradesh High Court (3 Aug, 1988) Y. Varlakshmi Vs. Y. Kanaka Durga Prasad CASE NO.A.A. O 300 and 301 of 1987 Mr. Justice S.S.M. Quadri Mr. Justice B.P. Jeevan Reddy Jeevan Reddy, J.:- (1) These two civil miscellaneous appeals can be disposed of by…

No Maintenance u/s.125, If restitution of conjugal rights succeed

Punjab-Haryana High Court Parmanand Mishra vs Rekha Mishra on 13 May, 1994 Equivalent citations: II (1994) DMC 268 Bench: J Garg JUDGMENT J.B. Garg, J. 1. Pamanand Mishra, the husband has moved the present petition under Section 482 of the Code of Criminal Procedure challenging…

Oral transfer of Property under the Transfer of Property Act

Madras High Court Serandaya Pillai And Anr. vs Sankaralingam Pillai And Anr. on 30 September, 1958 Equivalent citations: (1959) 2 MLJ 502 Author: Ramaswami JUDGMENT Ramaswami, J. 1. This Second Appeal is preferred against the decree and judgment of the learned Subordinate Judge, Tirunelveli, in…

Divorce upheld, Mental cruelty and Desertion

HIGH COURT OF ALLAHABAD Decided on September 12,2012 Arti Pandey Appellant VERSUS Vishnu Kant Tiwari Respondents Prakash Krishna, J.;— This is an appeal under section 19 of the family courts act 1984 at the instance of wife against the judgment and decree dated July 2011…

Section to Counter Sec.498A IPC

Sec 120B Indian Penal Code, 1860 – Punishment of Criminal Conspiracy – You can file a case against your wife alleging that she is conspiring to commit a crime against you. Sec 167 Indian Penal Code, 1860 – Public servant framing an incorrect document with…

When burden of proof is not on state to prove that particular person is foreigner?

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WRIT PETITION (C) NO.1396/2011 Petitioner :Smti. Roimon Nessa, Vs Respondents :State of Assam, BEFORE HON’BLE MR. JUSTICE UJJAL BHUYAN. Date of Judgment : 28.02.2014. W .P (C) N o. 1396 of…

Whether wife is entitled to get interim maintenance if husband takes contrary plea?

IN THE HIGH COURT OF RAJASTHAN (JODHPUR BENCH) D.B. Civil Misc. Appeal No. 197/2017 Decided On: 20.01.2017 Sunil Soni Vs. Khushbu Soni   Hon’ble Judges/Coram: Gopal Krishan Vyas and Goverdhan Bardhar, JJ.     Citation: AIR 2017(NOC) 117 Raj 1. The instant appeal as been filed by the appellant,…

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