Hindu Marriage Act, 1955, Section 13(1)(ia), 23, 9 -- Husband filed petition for divorce on ground of cruelty - Wife filed petition for restitution of conjugal rights during the pendency of divorce petition filed by husband - A decree for restitution of conjugal rights was passed as husband agreed to the passing of the decree - Held, mere suffering of a conceded decree for..........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce petition by husband on ground that there has no restitution of conjugal rights after passing of decree of restitution of conjugal rights - Husband himself disobeyed order of Court and did not allow wife to join him and lead marital life - Wife was always reading and willing to join company of husband - This was so..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33 -- Restitution of conjugal rights - Decree of - Even after passing of the decree, Court can issue a direction that decree shall be executed in the manner provided in O.21.R.33 CPC - Wilful disobedience is not a condition precedent for passing an order O.21.R.33(2) CPC...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(2) -- Restitution of conjugal rights - Decree of - Court has jurisdiction to pass a direction for periodical payments when J.D. fails to obey the decree within the time limit provided...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(1) -- Restitution of conjugal rights - Decree of - Non compliance - Director for periodical payments by J.D. - Quantum - Cannot exceed the amount of maintenance or the alimony which may be payable to the wife in accordance with S.24 or S.25 of the Act...........
Hindu Marriage Act, 1955, Section 13 -- Desertion and cruelty - Divorce petition by wife - Wife not complied with decree of restitution of conjugal rights in favour of husband - Husband prosecuted u/ss 406, 498-A IPC and acquitted - Fact of acquittal not brought to the notice of Court when affidavit was filed by wife - In cross examination wife did not accept the fact of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of Conjugal Rights - Claim for maintenance by wife - Merely because husband has filed application for restitution of conjugal rights, he is not absolved from payment of maintenance - Considering income of husband and having regard to cost of living maintenance of Rs. 2500/- fixed...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - All earlier alleged acts of cruelty stand condoned...........
Hindu Marriage Act, 1955, Section 9, 13 -- Restitution of conjugal rights with claim of alternative relief of divorce - Held, petition is maintainable...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife performing Puja Archna in a temple for general public - Husband insisted on appropriating the offerings of the temple - Husband also burnt wooden bridge connecting road to temple where wife used to perform puja/rituals - Husband responsible for having electricity and..........
