Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Petition by husband - Allegations of infidelity against wife not proved - Daughter of parties stated that it is father/husband who has been ill treating her mother/wife - However, daughter of parties wants that their family may be resettled - More so, parties have autistic son, thus, they have no reason to live..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 23(1)(a) -- Divorce - Cruelty and desertion - Petition by husband - Husband after birth of child had not taken any step to see child till the date of his deposition in Court - Such a conduct along with prayer to make DNA test amounts to humiliate wife and child in public eyes in society - A wronged party cannot take..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Plea of inability to pay taken by husband - Income of husband 25 to 30 thousand - Maintenance of Rs.3000/- p.m. not on higher side...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband contracted second marriage and has got a son through second marriage - Said reason is sufficient for wife to stay away from company of husband without forfeiting her rights and obligations arising out of marital relationship with husband - Wife cannot be expected to join company of husband..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since husband of vendor did not have an..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Where husband is in business and dealing in cash, it will be difficult to establish his earning - However, Court can assess income by taking into consideration standard of living and what he was earning before separation of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband is in car trading business and in addition he is looking after family business - He is thus, earning at least Rs.50,000 to 1 lakh p.m - Since, respondent is his legally wedded wife, husband is duty bound to maintain her as per his status - Interim maintenance enhanced from..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Proceedings under PWDV Act - Husband committed perjury by stating that he is residing in rented accommodation whereas he is not residing there and address is fake - Trial Court directed to issue proceeding against husband u/s 340 Cr.P.C...........
Special Marriage Act, 1954, Section 27 -- Divorce - Cruelty upon husband - Parties residing separately nearly two decades after a short time of their marriage and still busy in accusing the other - Both the parties making allegations against each other - Distance between husband and wife who are in their 76 and 66 years of age has reached such bad height and it is a case..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Mere filing of petition under PWDV Act by wife, would not constitute cruelty upon husband...........
