Sunday, July 14, 2013

Hindu Marriage Act, 1955 - Section 10 - Judicial separation

Hindu Mar­riage Act, 1955 — Sec­tion 10 — Judi­cial sep­a­ra­tion — Hindu Mar­riage Act, 1955 — Sec­tion 10 — Judi­cial sep­a­ra­tion — Fam­ily Court allowed appli­ca­tion grant­ing decree for judi­cial sep­a­ra­tion, main­te­nance and return of orna­ments — Direc­tion that in the event of orna­ments not returned, respon­dent would be enti­tled to a sum of Rs. 3,25,655/- being value thereof — High Court set aside decree for judi­cial sep­a­ra­tion hold­ing that mar­riage between the par­ties was null and void, but upheld decree for grant of main­te­nance to respon­dent and her daugh­ter — In cross appeal High Court direc­tion appel­lant to pay inter­est at the rate of 9 per cent on the amount — Appel­lant offered to return orna­ments by a notice — Direc­tion to return orna­ment is not con­comi­tant with order to pay price thereof — Sec­ond direc­tion was con­di­tional upon non-fulfilment of first con­di­tion — Appel­lant hav­ing offered to return orna­ments ques­tion of pay­ing inter­est did not arise as time to return was not spec­i­fied — High Court mis­con­strued its ear­lier order that a direc­tion to appel­lant was sub­ject to con­di­tions for not return­ing orna­ments — Judg­ment of High Court hav­ing not attained final­ity unsus­tain­able and liable to be set aside. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com



Hindu Marriage Act, 1955 - Section 10 - Judicial separation

No comments:

Post a Comment

Trial