Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Re-marriage - When permissible? - Held, circumstances in which a party to the decree of divorce can lawfully remarry emerges as follows - (i) If an application U.O.9.R.13 of CPC for setting aside an ex parte decree of divorce is not filed within the period of..........
Hindu Minority and Guardianship Act, 1956, Section 6,13 -- Custody of minor daughter aged nine years - Marriage between parties dissolved - Child expressed her grievance against mother and prefers to stay with her father - Welfare of child - Pending suit, father directed to take child to Mediation Centre and mother permitted to take child alone in the presence of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce - Settlement between parties - Resiling therefrom - Permissibility of - Held, settlement between parties was recorded by Court after examining both the parties and satisfying that the parties have voluntarily settled the matter after completely understanding its terms - Appellant..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of consistent torture - Wife given into marriage when she was minor - She had given birth to a son out of said wedlock - Her husband inflicted torture on her from day one -Even so she finished her studies by making arrangement of her own through private tuition - Said continued fight of wife was corroborated by her..........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Irretrievable breakdown of marriage - Continuance of such `dead' marriage perpetrating insurmountable agony to spouse claiming divorce - Agony of breakdown of marriage cannot be excluded from realm and category of cruelty - Divorce can be granted on ground of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Ground of cruelty - Wife remained only for about 18 days with husband - Wife, on one ground or other, refused to establish physical relations with husband - Wife told him that she was not willing to marry him as she was having love affair with some one and her marriage was solemnized by her parents under, pressure -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Ground of desertion - Wife lived only for about 18 days with husband and since then residing at her maternal home - Wife did not go to see husband when he was undergoing treatment of jaundice - After recovery, husband went to her maternal home - Yet, she never tried to go back to her i, law's house, nor took any..........
Hindu Marriage Act, 1955, Section 28, 9, 13, Civil Procedure Code, 1908, Order 8, Rule 6 -..........
