| DIVORCE CAN BE GRANTED IF GIRL IS NOT READY TO JOIN HER HUSBAND |
Submitted by Advocate V K Singh on Tue, 03/10/2009 - 21:05. |
Hindu Marriage Act, 1955—Section 13(1)(ib)—Divorce—Petition by husband—Decree of divorce granted by trial Court reversed by lower Appellate Court—Order of lower Appellate Court upset by High Court and dismissed petition—Wife stayed in matrimonial home and returned to her parents where she was employed as a teacher—Wife earning double amount per month, while husband had a private job earning less amount than wife per month—Wife not prepared to leave her job on ground that she was earning more—No attempt made by wife to stay with her husband during vacations alone establishes animus desirendis on her part—It could not be said that desertion by wife was for a reasonable cause—Such a course of conduct over a long period indicates total abandonment of marriage which amounts to wilful neglect of husband by wife.As per my personal experience as a legal professional i found that in most cases girls are not willing
to join her husband in case where the girl is earnig much amount than husband and if she is residing alone from her husband. |
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| Arbitration and Conciliation Act ,1996-sec.11(6) |
| Submitted by vksinghadvocate on Mon, 03/09/2009 - 06:30. |
The Hon"ble high court held in a recent Judgements that forAppointment of an arbitrator-fulfillment of
pre-condition-arbitration clause stipulated
that arbitrator was to be appointed by chairman-cum-managing dirctor-but,before their could be a failure to act or a failure
to performe a function as required under clause (a) and (c),it must be shown that the arbitration clause was invoked byone party-if,upon such invocation, respondent failed to act as per the agreed procedure
or chairman cum managing director failed to
nominet a person to act as a sole arbitrator-
then,power under section 11(6) could be exercise,not otherwise |
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| Contract and Agreements Disputes on Jurisdiction |
| Submitted by Advocate V K Singh on Wed, 03/11/2009 - 06:17. |
As per latest judgements of Hon"ble High court of Delhi in Civil Procedure Code,1908-
jurisdiction of court-Question as to whether parties to a contract may agree to have their disputes resovled by a foreign court of their choice as a neutral forum according to law applicable to that cout ?
"In case parties under their own agreement
expressly agree that their dispute shall be
tried by only one of them then the parties can only file the suit/case in that court alone to which they have so agreed."
the hon"ble court held that once parties bound themselves as such it is not open for them to choose a diffrent jusisdiction.if the any party has filed ,such a suit/case would be in violation of the said agreements. |
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| LIABLITY OF PARTNER IN PARTNERSHIP FIRM |
| Submitted by Advocate V K Singh on Tue, 03/10/2009 - 20:57. |
The Hon"ble court has held in a judgements regarding liablity of partner in a partnership firm in
Civil Procedure Code, 1908—Order 38, Rule 5—Partnership
Act, 1932—Sections 2, 18, 19, 22 and 28—Order to provide security—Defendants disputing the liability as partners of the firm—Disputed amount paid to the firm by cheque which was credited in the account of firm—Even under the Partnership Act prima facie the plaintiff could enforce his claim not only as against the firm but also as against its partners. |
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| RIGHT IN PROPERTY AFTER EXECUTING OF WILL |
| Submitted by Advocate V K Singh on Wed, 03/11/2009 - 05:26. |
The hon"ble appex court held in a judgements in
Hindu Succession Act, 1956—Section 14(1)—Right to property—Deceased executed will in favour of wife in respect of all his properties—She became owner of properties and after her death, her nephews would be owner of properties in equal shares. |
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| ADOPTION AND MAINTENANCE ACT |
| Submitted by Advocate V K Singh on Tue, 03/10/2009 - 20:38. |
IN a judgements the Ho"ble court has passed an order in Hindu Adoptions and Maintenance Act, 1956—Sections 3(b), 18 and 19—Maintenance of wife is a personal obligation on the husband—The obligation to maintain a daughter-in-law arises only when the husband has died—Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise—Property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to be enforced against such property. Constitution of India—Article 142—Sympathy or sentiment should not allow the Court to have any effect in its decision making process—Sympathy or sentiment can be invoked only in favour a person who is entitled thereto. |
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