Court : Madhya Pradesh
Rohit Arya, J. 1. This appeal by the appellant/husband (hereinafter referred to as the appellant) under section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 15/05/2009 passed by District Judge, Shivpuri in case No.72/2008HMA dismissing the suit for divorce against the respondent/wife (hereinafter referred to as the respondent) filed under section section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). 2. Undisputed facts between the parties are to the effect that marriage between the appellant and the respondent was solemnized on 15/06/2002 as per Hindu rites and customs. Since January, 2003, the respondent is residing with her father. As such, more than 11 years period has passed by, the appellant and respondent are living separately. As such, there is no cohabitation between the two is an admitted fact. 3. Further more, the appellant had filed a petition under section 9 of the Act before I Additional District Judge, Shivpur...
Tag this Judgment!Court : Madhya Pradesh
Prakash Shrivastava, J: 1. This is an application under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short the Act) for appointment of an independent Arbitrator. 2. The case of the applicant is that the applicant company had placed the order dated 26-2-1996 and 4-3-1996 for purchase of certain items with the respondent and had paid the advance. In spite of the repeated request by the applicant, the non-applicant had not supplied the items for which the purchase order was given. The arbitration clause provides for appointment of two arbitrators, therefore, the applicant had appointed its arbitrator and requested the non-applicant to appoint their arbitrator but the non-applicant had not appointed their arbitrator. The sole arbitrator appointed by the applicant had conducted the proceeding and passed the award dated 24-11-2003. The said award was challenged by the non-applicant under section 34 of the Act in Misc. Case No. 33/2009 and the learned 2nd Additional Distri...
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