Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No attempt was ever made by husband to bring wife back - Case of desertion as made in plaint is not proved by husband - Decree of divorce set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - An agreement entered into by a wife waiving or abandoning statutory right to claim maintenance from husband, is opposed to public policy and void and hence unenforceable and it does not preclude her from claiming maintenance u/s 125 Cr.P.C...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Matrimonial litigation - Wife sought permission to recall herself and to mark passport of husband - Husband admitted that passport is with wife - Wife permitted to recall herself and mark the document through her...........
Special Marriage Act, 1954, Section 36 -- Maintenance pendente lite - Court below awarded Rs.7000 to minor girl as maintenance but refused to grant maintenance pendente lite to wife - No opportunity granted to wife to deal with documents or counter documents filed by husband - Wife should have been given an opportunity to deal with all documents produced by husband and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - One act of adultery by wife - May not be a ground for dissolution of marriage on the ground of living in adultery - However, it is an act of cruelty - Cruelty not condoned by husband - Decree of divorce, upheld...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband getting salary of Rs.55,000/- and after deduction receiving a sum of Rs.36,000/- at hand - Children of parties are settled and married and none of them are minor or dependent on their parents - Husband directed to pay Rs.8000/- pm to wife and that amount be deducted from salary of husband...........
Evidence Act, 1872, Section 115 -- Estoppel - Petition for divorce, return of her gold ornaments and custody of children withdrawn by wife as she entered into settlement agreement with husband - In settlement agreement wife has not made any representation to the effect that she has relinquished all her claims against husband and she will not file a fresh petition with same..........
Family Courts Act, 1984, Section 7 -- Suit for recovery of gold ornaments, money and maintenance - Inconsistencies in version of witnesses on behalf of husband and thus, defence of husband is thoroughly defeated - Entrustment alone was denied by husband and misappropriation pleaded and deposed was not denied specifically by husband - Version of wife that 25 sovereign of..........
Hindu Law -- Wife during life time of her husband, cannot claim partition of suit properties...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit filed by wife against husband - Husband during subsistence of his marriage with plaintiff/wife remarried `J' - Children born out of said marriage are illegitimate sons and daughters for purpose of S.16(3) of Hindu Marriage Act and would only be entitled for partition in self acquired..........