Showing : 201-210 of 242 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Desertion - Wife not allowing husband to have cohabitation for consummating the marriage - In the absence of cohabitation and consummation of marriage, wife, held not entitled to claim divorce on ground of desertion...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Desertion - Difficult to give a comprehensive definition - Essential ingredients so far as the deserting spouse is concerned are : (1) The factum of separation; (2) The intention to bring cohabitation permanently to an end - animus deserendi - Similarly two elements are essential so far as the..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Husband seeking divorce - Desertion by wife - Wife going to parents for delivery of child - Not returning after delivery on ground that husband should live in a separate house from his parents as father-in-law had attempted to molest her which she failed to establish - Father died - Even then wife..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Hindu Marriage Act, 1955, Section 26, 13B-- Divorce by mutual consent - Custody of children - As per consent decree both husband and wife appointed as joint guardians of child - Child to be in each petitioners custody on every alternate week - Rival petitions for permanent custody - Mother seeking custody of child to take child to foreign..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Hindu Marriage Act, 1955, Section 13, 23-- Divorce - Cannot be granted on the ground that marriage has irretrievably broken down - Husband who is leading adulterous life cannot be given advantage of his own wrong and cannot be granted divorce on ground of desertion on part of his wife who is still prepared to live with him provided he..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Hindu Marriage Act, 1955, Section 13(1A)-- Decree for judicial separation on ground of adultery - Husband continuing to live with the mistress even after passing of the decree for judicial separation - Husband cannot succeed in petition seeking decree of divorce and S.23(1)(a) bars the relief - Illegality and immorality cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 152-- Clerical or arithmetical mistakes - Correction in judgment and decree - Mutual consent divorce petition - Separate memorandum of agreement between parties - Averment in divorce petition that agreement be treated as part and parcel of petition - However, prayer not made that agreement be made part..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Indian Penal Code, 1860, Section 494-- Bigamy - Exparte divorce decree - Husband undergoing second marriage - Exparte divorce decree set aside - Held, husband cannot be convicted for the offence under S.494 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Cruelty - No plea either in plaint or in Memo of appeal before High Court that any allegations made by wife in written statement constituted mental cruelty - High Court however granted divorce in second appeal on ground that unfounded allegations by wife in written statement constitutes mental..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Indian Penal Code, 1860, Section 494, Hindu Marriage Act, 1955, Section 17-- Conversion of Hindu to Islam - Second marriage - Mere conversion does not bring to an end the marital ties unless a decree for divorce is obtained from the Court - Till a decree is passed, the marriage subsists - By mere conversion to another religion marital ties do not come to an end - Second..........

Showing : 201-210 of 242 Results