Showing : 1251-1260 of 3042 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Divorce - Adultery - Standard of proof - Held, matrimonial cases are civil proceedings and Court can act upon preponderance of probabilities, especially in adultery cases, since it is difficult to get direct evidence...........
DELHI HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 24-- Maintenance pendente lite - Date from which payable - S.24 of the Act does not provide any point of time from which it is payable - Normally the point of time granting maintenance pendente lite is from the date of application - However, in case specific claim is made then order may be made..........
DELHI HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 24, 26-- Maintenance pendente lite - Court considering an application for interim maintenance has to take into consideration the financial status of the parties, the earnings and the earning capacity of both the spouses - While granting maintenance, the spouse claiming maintenance should as far as possible..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Decree for conjugal rights granted u/s.9 of the Act can be enforced U.O.21.R.32 & 33 CPC by applying various types of sanctions, including financial sanctions against disobeying party - Court can also enforce its decree through its contempt powers...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Non-compliance of decree - Court may punish the defaulting spouse for contempt of court but it cannot compel the defaulting spouse to physically return to the comfort-consortium of decree-holder spouse...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Even if husband has contracted second marriage then wife is obliged to comply with the decree u/s.9 of the Act - Once there is sufficient evidence that husband has contracted second marriage then burden of proof "whether excuse for withdrawal from the society is a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - The basic spirit of S.9 of the Act is promoting reconciliation between the parties and maintenance of matrimonial life and ultimately protecting society from degenerating but final decision always rests with the parties either to obey such decree to continue with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Allegation against wife is that her conduct and behaviour is changed after joining service as a constable and that she intended to marry some glorious personality in the police department - This is without any substance because the name & parentage of that glorious personality..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 12(1)(a)-- Impotency - Means incapacity to consummate the marriage and not merely incapacity for procreation - This test is consummation and capacity to consummate...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 12(1)(a)-- Impotency - Wife came to know about the impotency of her husband on the very first night yet it was not disclosed to her parents due to shyness - After about 9 years, husband could not point out even a single instance of consummation of marriage - No lady would come forward with such an allegation..........

Showing : 1251-1260 of 3042 Results