Criminal Procedure Code, 1973, Section 125 -- Maintenance - `A person having sufficient means' means a person who has capacity to earn - When actual income could not be proved by wife, average income of husband is to be assessed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - General allegations that wife used to avoid husband and his family members and she used to often visit her parental house and was not preparing food for husband, was not opening door of house after his return to home, cannot constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false cases by wife - Husband specifically admitted that in both the proceedings filed by wife under Protection of Women from Domestic Violence Act and u/s 125 Cr.P.C., orders are passed in favour of wife and husband directed to pay maintenance to wife and allow her to reside in his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Earlier divorce petition filed by husband making allegations of cruelty disposed of in terms of compromise - Again husband filed present divorce petition making same allegations which were made in earlier divorce petition - Such bald allegations cannot be believed - Husband cannot take..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague and general allegations were made against wife by husband - No specific instances were given regarding allegations levelled by husband - Though in support of allegations husband examined his father but he has no personal knowledge exactly on what issues there was dispute between the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Petition for restitution of conjugal rights filed by husband at place `J' - Wife currently staying with her parents at place `A' - She cannot bear expenses to travel from place`A' to `J' - Wife is pardanasheen lady and she does not have any independent source of income - It will cause her..........
Matrimonial dispute -- Amicable settlement - Refusal on part of wife for amicable settlement - Refusal if any meted by wife to amicably settle the lis with husband not a sufficient ground to prevail upon the Court below - Orders set aside - Appointment of mediator within three weeks...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Lodging false complaints by wife against her i, laws which resulted in police investigations held to be acts of cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife not proved a reasonable cause to withdraw from consortium - Only ground pleaded by wife to withdraw from consortium was dowry harassment, which she could not proved - Willful desertion on the part of wife proved - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - False criminal case u/s 498-A IPC filed against husband by wife which resulted in acquittal of husband, which itself amounts to cruelty - Moreover, parties had no physical relationship for more than 7 years - It would be futile exercise to restore marriage between parties when their..........
