[Voidable Marriage] 'Material Fact' U/S 12 HMA Includes Any Fact Which If Disclosed Results In Either Parties Not Consenting To Marriage: High Court

The Lucknow bench of the Allahabad High Court has said that a “material fact” for declaring a marriage voidable under Section 12 of the Hindu Marriage Act would include any fact, which would be relevant to the consent given for a marriage and which if disclosed, would result in either of the parties not consenting to the marriage. It further said that such a material fact must pertain to...

Receipt Of Arbitral Award By Party A Sine Qua Non For Limitation U/S 34(3) To Begin, General Clauses Act Does Not Apply: Allahabad High Court

The Allahabad High Court has held that receipt of the award by the party is a sine qua non for limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 to begin and definition of “service by post” under Section 27 of the General Clauses does not apply.The Court observed that Section 27 of the General Clauses Act which defined service by post in a Central Legislation if...

Second Provisional Attachment Notice Lacking Fresh Reasons Is Arbitrary: Allahabad High Court

The Allahabad High Court stated that issuing a second provisional attachment notice without providing new or fresh reasons is considered arbitrary. The Division Bench of Justices Shekhar B. Saraf and Manjive Shukla observed that “the department cannot be allowed simpliciter to issue a second notice, and thereafter, third and fourth and continue with the provisional attachment for...

Family Court Cannot Grant Divorce Based On Earlier Consent When It Is Later Withdrawn During Divorce Proceedings: Allahabad High Court

The Allahabad High Court has held that the Family Court cannot grant divorce based only on earlier consent given at the time of filing the divorce petition if the consent was withdrawn at a later stage in the divorce proceedings.Parties were married in 2006. After the appellant disserted her husband, he instituted the divorce proceedings on grounds of infertility attributable to...

Allahabad High Court Seeks UP Govt's Reply Over Demolition Of A House 'Without Following Procedure Of Law'

Last week, the Allahabad High Court sought the State Government's response over the demolition of a house in the State's Azamgarh district 'without following the procedure of law'. A bench of Justice Prakash Padia directed the standing counsel appearing to file an affidavit of 'some senior officer' of the Revenue Department explaining under what circumstances, without following...

Dispute Relating To Members And Management Of Public Trusts Not Arbitrable, Must File Suit U/S 92 CPC : Allahabad High Court

The Allahabad High Court has held that disputes relating to public trusts which are enlisted under Section 92 of the Civil Procedure Code are not arbitrable under the Arbitration and Conciliation Act, 1996.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar further held that Section 89 of CPC which provides for settlement of disputes outside Court does not...

No Error In Calling For Expert Opinion On Wife's Mental Health At Stage Of Evidence: Allahabad High Court Upholds Trial Court Order

Recently, the Allahabad High Court upheld the order of the Trial Court calling for expert opinion on the wife's mental health at the stage of evidence in divorce proceedings.Appellant-wife approached the High Court challenging the order of the Principal Judge, Family Court, Hathras allowing respondent-husband's application for her medical examination in divorce proceedings instituted by...

Allahabad High Court Directs Inquiry Into Arya Samaj Mandir And Other Institutions Granting Marriage Certificates

The Allahabad High Court has directed an inquiry into the Arya Samaj Mandirs, societies, trusts, and institutions providing marriage certificates primarily in Gautam Budh Nagar and Ghaziabad as well as in other parts of Uttar Pradesh.Dealing with protection cases filed by young couples, Justice Vinod Diwaker observed that “In essence, such marriages lead to human trafficking,...

Milad-Un-Nabi Juloos | State Authority Bound To Ensure Tranquillity When Peaceful Processions Are Carried Out: Allahabad HC

The Allahabad High Court has observed that it is the job of the State Authority to ensure peace and tranquillity when peaceful processions are carried out. A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed thus while directing the Sub Divisional Magistrate, Najibabad (District Bijnor), to pass a reasoned order by September 15 on an application seeking permission...

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld.Parties married on 08.12.2001. Respondent-husband alleged that the appellant-wife deserted him in 2002. Since the appellant...

Prima Facie Misuse Of Power By Assistant District Govt Counsel Under SC/ST Act: Allahabad High Court Directs State To Inquire

The Allahabad High Court has directed the Uttar Pradesh government to look into a case where the post of Assistant District Government Counsel (Criminal) is being misused by the official in lodging FIRs under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and seeking compensation under the Act.Petitioner No. 1 is presently posted as District Social...

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage.While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years...