IMPORTANT JUDGMENTS Family laws...
Divorce - If a spouse abuses the other as being born from a prostitute, this cannot be termed as `wear and tear' of family life as it amounts to cruelty and a ground for divorce. (2015(3) Civil Court Cases 104 (S.C.)
Divorce - Re-conciliation - It is duty of family Court to make endeavour for reconciliation - However, failure to make such endeavour will not ipso facto vitiate a decree. (2015(3) Civil Court Cases 192 (Patna)
Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed affidavit confirming contents of petition - No suspicious circumstances in affidavit - Personal attendance not required - Divorce granted. (2015(3) Civil Court Cases 853 (A.P.)
Documents not produced alongwith written statement can be allowed to be produced at a later stage when those documents are necessary for adjudication of rival claims of parties. (2015(3) Civil Court Cases 429 (P&H)
Domestic Violence - Interim order - A relief which could be granted at the final stage cannot normally be granted as an interim measure. (2015(3) Civil Court Cases 548 (Kerala) (DB)
Domestic Violence - Law is being used to terrorize husband, his family and distant relatives and this phenomenon has now acquired the name of `Legal Terrorism' and rightly so given the extent of its misuse, particularly against distant relatives of husband. (2015(3) Civil Court Cases 268 (P&H)
Domestic Violence - Protection order - Violation - Anticipatory bail - Passing a general or vague order result in unfortunate consequences - Anticipatory bail granted. (2015(3) Civil Court Cases 840 (Kerala)
Electricity - Claim for surcharge - Demand of surcharge beyond period of three years is barred by law of limitation - However, claim of surcharge within period of three years of its claim is not barred. (2015(3) Civil Court Cases 315 (Gauhati)
Enhancement of maintenance - Can be either from date of application for from date of order. (2015(3) Civil Court Cases 863 (Rajasthan)
Ex parte ad interim injunction - Restraining interfering with lawful construction - Not such a exigency that ex parte injunction without issuing notice to the opposite party can be granted. (2015(3) Civil Court Cases 380 (A.P.) (DB)
Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while setting aside ex parte decree or condoning delay. (2015(3) Civil Court Cases 142 (S.C.)
Ex parte decree - Setting aside - Advocate had gone to Bihar to attend to his ailing brother - Lack of proper details and supporting evidence - Application dismissed. (2015(3) Civil Court Cases 323 (Delhi) (DB)
Ex parte injunction order - Violation - It is always in the larger interest of parties to the Lis to get the main case decided first on its merits as far as possible rather than to pursue their off-shoot proceedings. (2015(3) Civil Court Cases 598 (S.C.)
Extension of time - Can only be when period for doing an act is fixed or granted by Court and not when period is fixed by a provision of CPC or by any other law. (2015(3) Civil Court Cases 659 (J&K)
Extension of time - Earlier remedy sought in Consumer Forum which did not lack jurisdiction - As remedy sought earlier was not in a wrong forum as such S.14 of Limitation Act is not applicable. (2015(3) Civil Court Cases 460 (P&H)
Guardian - Appointment - An unwed mother can be appointed as guardian of minor child without issuing notice to putative father. (2015(3) Civil Court Cases 698 (S.C.)
Hire purchase agreement - By itself does not amount to sale of property - An agreement of hire purchase cannot be said to be a sale deed. (2015(3) Civil Court Cases 515 (Allahabad)
Insufficiently stamped document - Both original and secondary evidence excluded - No other evidence to prove terms of instrument is also excluded u/s 91 Evidence Act. (2015(3) Civil Court Cases 014 (All.)
Interest - Agreed to be paid 2% per month - Exorbitant - Interested reduced to 9% p.a. (2015(3) Civil Court Cases 798 (Rajasthan)
No comments:
Post a Comment