Madhya Pradesh HC Sets Aside Order Asking Woman’s Second Husband To Pay Maintenance, Say Not A Legally Wedded Wife As First Marriage Still Subsisting

The Madhya Pradesh High Court has set aside an order of a family court asking a woman’s second husband to pay her a monthly maintenance allowance after it was revealed that she had not divorced her first husband and as such she was not a legally wedded wife of the second man. The bench of Justice Rajendra Kumar Verma dismissed the criminal Revision Petition preferred by the petitioner husband aggrieved by the order passed by Principal Judge Family Court, Singrauli, whereby the application under...

Madhya Pradesh High Court Sends Contemnor To Jail For 10 Days For Making ‘Reckless Allegations’ Against Judge On Social Media

The Madhya Pradesh High Court has sentenced a man to undergo imprisonment for a period of ten days for making reckless allegations of corruption against a district judge and circulating it on WhatsApp. A division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed, “Making allegation on the Judicial Officer regarding his working, integrity and misuse of his position, there cannot be any explanation for the same especially in the event when the complaint made by the...

OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court

The Madhya Pradesh High Court, Indore Bench recently held that the process server not affixing notice as per the provision under Order V Rule 17 CPC would be deemed to be an illegality and that it cannot be said to be an irregularity in the context of the second proviso to Order IX Rule 13 CPC.The bench comprising Justice Subodh Abhyankar further observed that in absence of non-compliance...

S.34 SRA | Relief Of Possession Not Required In Suit For Cancellation Of Sale Deed When Plaintiff Is Co-Sharer In Suit Property: MP High Court

The Madhya Pradesh High Court, Indore Bench recently observed that the relief of possession is not required to be sought by a Plaintiff in a Suit for cancellation of Sale Deed when the Plaintiff is a co-sharer in the Suit property.The bench comprising Justice Subodh Abhyankar observed that in such cases, the Suit would not be hit by the proviso to Section 34 of the Specific Relief Act....

[OXXII R4 CPC] “Decree Passed In Favour Of Dead Person A Nullity”: MP High Court Declares After LRs Seek Impleadment In Second Appeal

The Madhya Pradesh High Court recently reiterated that a decree passed in favour of a dead person is a nullity and is thus not executable. The bench comprising Justice G.S. Ahluwalia made the aforesaid observation in an application under Order XXII Rule 4 CPC, moved by Respondents to bring them on record as Legal Representatives of the person who expired before the...

[Waqf Act] Change Of Forum A Procedural Law And Retrospective In Nature Unless Expressly Mentioned Otherwise: Madhya Pradesh High Court

The Madhya Pradesh High Court recently reiterated that a change of forum is a procedural law and retrospective in nature, unless expressly mentioned otherwise. The bench comprising Justice G.S. Ahluwalia made the said observation with respect to the amendments made to Section 83 and Section 85 of the Waqf Act, 1995-In view of the law laid down by the Supreme Court in the case of Rashid...

Madhya Pradesh High Court Commutes Death Sentence Awarded To A Man Who Raped & Murdered An 80-Year-Old Woman

On Wednesday, the Madhya Pradesh High Court commuted the death sentence of a 25-year-old man accused of rape and murder of an 80-year-old woman, considering his age, no criminal record and the fact that the act of sexual assault was done in spontaneity and the same was not the outcome of any premeditation."In the facts and circumstances of this case, we deem it proper to follow the same...

Order U/S 10 MP Accommodation Control Act Determining Rent Not Executable; Landlord Ought To File Civil Suit To Recover Arrears: High Court

The Madhya Pradesh High Court recently observed that an order passed under Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 is not executable and that in order to recover the arrears, the landlord would have to file a suit for recovery.Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 provides for the Rent Controlling Authority to fix standard rent, etc.The...

Section 115 CPC | Civil Revision Shall Not Lie Against Order Granting Interim Injunction: Madhya Pradesh High Court

The Madhya Pradesh High Court, Gwalior bench recently observed that no civil revision would lie against an order granting interim injunction passed by the Court under Order 39 Rule 1 &2.The bench comprising Justice Satyendra Kumar Singh observed-From bare perusal of the amended provisions of the first proviso to Section 115 of the CPC, it is apparent that civil revision shall not...

If 'Status Quo' Order Not Specific, Its Scope Can't Be Expanded Beyond Prayer Made In Application For Temporary Injunction: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that where an order of status quo is not specific, the same must be construed in respect of the prayer made in the application seeking temporary injunction.The division bench comprising Justices Sheel Nagu and Dwarka Dhish Bansal observed- ...this Court is of the considered opinion that when the order of status-quo is not specific, then it should...

Section 11 CPC | Party Cannot Challenge Adverse Findings Against Them In Suit Decided In Their Favour: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently held that a party cannot challenge the adverse findings recorded against them by the trial court in a suit decided in their favour.The bench comprising Justice Pranay Verma further observed that such findings against the party would not operate as res judicata in a subsequent suit-The primary requirement of applicability of res-judicata...

Order XLI Rule 22 CPC | Not Mandatory For Decree Holder To File Cross-Objection In Appeal If Decree Not Liable To Be Modified: MP High Court

The Madhya Pradesh High Court recently observed that it is not mandatory for the decree holder to submit a written cross-objection in appeal if they are averring that the decree is not liable to be modified.The bench comprising Justice G.S. Ahluwalia observed that the decree holder would have to file their cross-objection in cases where they contend that the decree is liable to be...