Matrimonial dispute -- Directions issued for early disposal of cases Viz: - (i) When a matrimonial case involves the prayer for dissolution/nullity of marriage, Courts should make all efforts to try & dispose off the same within an outer limit of one year, so that in the event of granting such a decree, parties may restructure their lives; (ii) Delay in disposal of such..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - If husband instead of discharging of his obligation indulges himself in excessive drinking habit, which deteriorates the family condition, it would naturally lead to a mental cruelty to the wife and the entire family including children...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25 -- Maintenance u/s 125 Cr.P.C - Application u/s 125 Cr.P.C cannot be filed after order has been passed u/s 25 of Hindu Marriage Act - In view of S.25(2) of Hindu Marriage Act, wife can file appropriate application before concerned Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Inability to bear a child is neither impotence nor any ground for dissolving the marriage - Such possibility of inability to bear a child may be part of marital life of anybody and parties to a marriage may resort to other means for having child such as adoption - Divorce is not provided as per Hindu..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusal to cohabitation by wife - Husband did not take any legal step for restitution of conjugal rights by filing any petition u/s 9 of Hindu Marriage Act - Such allegation of husband regarding refusal of cohabitation does not hold ground - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific allegation of behavioral misconduct amounting to cruelty has been made in his pleading or evidence with reference to date, place and nature of cruelty except allegation that she refused to cohabit with him - Even, such allegation is also not proved - Divorce petition..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of petition by wife to protect her property rights and custodial rights cannot be considered to be a mental cruelty upon husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere living away from one of parties to marriage is not desertion, if it is accompanied by a reasonable cause and if it is without consent or against the wish of such party...........