Hindu Marriage Act, 1955, Section 11 -- Void marriage - Second marriage by husband during subsistence of first marriage - Application u/s 11 of the Act seeking declaration of second marriage as illegal and void at the instance first wife is maintainable...........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition u/s 9 of Hindu Marriage Act - Taking into account the distance of Court where case sought to be transferred is pending and place where wife is presently residing, petition u/s 9 of Hindu Marriage Act transferred - Application allowed...........
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...........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Respondent sated that on 6.6.2017 for the first time she had knowledge of her child marriage with appellant which was solemnized by her parents under the pressure of uncle of her father - No evidence on record that prior to said date she had knowledge regarding her marriage - Petition u/s 12 of the Act filed..........
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..........
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...........
