Search Results for Tag : Restitution

International Cases

Claimant must indicate the capacity in which the claim is lodged, that is whether the claim is for an individual, or in a representative capacity for a family, community, or a trust(19.10.2023)

Present appeal arises from a mandamus application, by way of urgency in the Land Claims Court, Randburg (LCC), to compel the Land Claims Commission (C.....

Tags : Restitution, Rights, Land

Judgments

Decree for restitution of conjugal rights enforces cohabitation but it does not and cannot enforce sexual intercourse(07.10.2016)

Parties to present appeal got married on February 17, 1993 at Kanpur (Uttar Pradesh) according to Hindu Rites and Ceremonies. Respondent/husband has f.....

Tags : Conjugal rights, Restitution, Divorce

News

Restitution Under Sec. 144 CPC Attracts Only When There is Variation or Reversal of Decree/Order: SC(29.01.2019)

Supreme Court has explained the situations in which Section 144 of the Code of Civil Procedure (application for restitution) can be applied and observ.....

Tags : Supreme Court, Restitution, Section- 144 cpc

Supreme Court: Woman not Husband's Chattel, on Plea Seeking Restoration of Conjugal Rights(04.03.2021)

Supreme Court has while hearing a man’s plea seeking that his wife be ordered to start living with him again observed that woman is not a chattel that.....

Tags : Supreme Court, Restitution of Conjugal Rights

SC: Order for Visitation Right/Temporary Child Custody Can’t Be Passed in Proceedings U/S 9 of HMA(13.12.2022)

Supreme Court has held that orders giving visitation rights or temporary child custody cannot be passed in a proceeding under Section 9 of the Hindu M.....

Tags : Supreme Court, Child Custody, Restitution of Conjugal Rights

Madras HC Says 'No' to Restitution of Conjugal Rights To Husband Who Remarried During Suit Pendency(22.06.2017)

Madras High Court has refused to grant relief of restitution of conjugal rights to a man who had remarried during the pendency of the suit.

Tags : Madras High Court, Restitution of Conjugal Rights

SC: Person Purchasing Prop. Knowing About Appeal Pendency Can’t Claim Restit. as Bona Fide Purchaser(15.05.2024)

SC has observed that if it is shown that the purchaser was aware of the pending appeal against the decree when he purchased the property, it would be .....

Tags : Supreme Court, Bona Fide Purchaser, Restitution

SC: Spouse Can File Divorce Petition if Restitution of Conjugal Rights Decree Ignored for 1 Year(12.07.2024)

SC has observed that u/s 13(1A)(ii) of Hindu Marriage Act, 1955, it is provided that a divorce petition can be presented on the ground that there has .....

Tags : Supreme Court, Divorce Petition, Restitution of Conjugal Rights

SC: Non-participation in a Proceeding of Restitution of Conjugal Rights has Civil Consequences(31.07.2023)

Supreme Court has observed that nonparticipation in a proceeding of a restitution of conjugal rights, of the party who seeks for transfer of such proc.....

Tags : Supreme Court, Restitution of Conjugal Rights, Civil Consequences