Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Standard of proof of fact is deduced on basis of preponderance of probabilities and parties need not prove fact beyond reasonable doubt - It is overall conduct of parties during the period that they have lived together and period subsequent thereto which is relevant for arriving at conclusion...........
Hindu Marriage Act, 1955, Section 19 -- Maintenance - Widow daughter-i, law - Maintainability of application - Specific pleadings and proof by petitioner that she is Hindu and governed by Hindu Law is essential for claiming relief u/s 19 of the Act - Omission of pleadings by parties regarding applicability of Hindu Law, would render the application not maintainable...........
Notaries Public Act, 1952, Section 8, Notaries Public Act, 1952, Rule 11(8) -- Marriage - Notary certificate of marriage - Not a valid proof of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Home visit report of counselor to hold that wife was living with other person as his wife not proved - Notary certificate of marriage of wife with one `U' not a valid proof of marriage - Justifiable reason for wife to live separately from husband - Since wife has no sufficient means to maintain..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Irretrievable breakdown of marriage - In the absence of proof of cruelty, Court committed serious error in granting decree of divorce only on the ground of parties living separately for a long time and that by such separation, marriage has irretrievably broken down - Impugned decree of..........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 101, 102 -- Annulment of marriage - Suppression of mental illness of wife - Burden of proof - It is on the wife that her mental illness was disclosed to husband and with that knowledge he agreed for alliance and thereafter he condoned the same and started residing with wife as husband and wife...........
Evidence Act, 1872, Section 114, 102, 103 -- Marriage - Presumption - Rebuttal of presumption - Burden of proof - Cohabiting continuously for a number of years and living together as husband and wife for number of years - There is presumption of marriage - Such presumption is rebuttable - Burden to rebut lies on the person who seeks to deprive the relationship of man and..........
Evidence Act, 1872, Section 112 -- DNA Test - Once validity of marriage is proved then there is strong presumption about legitimacy of children born out of that wedlock - It is also settled proposition of law that law does not presume anything odious or dishonourable - Presumption of conclusive proof can be rebutted by strong and clear conclusive evidence...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - In order to establish paternity of child, proof of marriage between parties is sine qua non...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband contended that wife withdrawn herself from his society without reasonable cause - Onus to proof lies upon husband - However, husband failed to discharge the same - Non-appearance of wife as a witness in support of her case would not be of any disadvantage to her..........
