Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenic form of psychosis is proved on record by husband - Parties living separately since 2005 - There is no chance of reconciliation - More so, for the reason that husband already convicted u/s 498-A IPC at the instance of wife though released on probation -..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(i), 13(1)(d)(ii), 13(2), Indian Penal Code, 1860, Section 120B -- Offence u/ss 13(1)(d)(i), 13(1)(d)(ii), 13(2) of P.C. Act and S.120-B IPC - Allegation that accused by entering into criminal conspiracy provided wrongful gains to two companies by issuing Notifications - Allegedly said Notifications were issued without..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Stale allegations of cruelty taken by husband which are vague and general in nature with no details i.e when and where incidents took place, who witnessed the incidents and what was background of such incidents - Mere plea of husband that behavior of wife towards him and his parents..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife is living at place of her posting, which is basic requirement of her job and is reasonable excuse for her to live away from her matrimonial home - Husband failed to prove that wife had withdrawn from society of husband and willingly deserted him - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Merely because parties are living separately for more than 7 years and there is no possibility of their reunion, by itself is no ground of irretrievable breakdown of marriage as it is not a ground for dissolution of marriage under the Act - Divorce petition dismissed...........
Criminal Procedure Code, 1973, Section 389, 354, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Suspension of sentence during pendency of appeal against conviction - Stony silence regarding reasons in judgment and conclusion suffering from total non application of mind and material evidence on record over looked - Order of conviction stayed/suspended during..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Evidence Act, 1872, Section 102 -- Divorce petition filed by husband - Burden is clearly on husband to prove his case...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband on ground of mental cruelty - Most of allegations made by husband against wife not corroborated and proved by husband - Many contradictions found in evidence of PWs.1 to 3 - Nothing on record to show that conduct of wife was of such intensity and gravity so as to bring it within parameters on..........
Guardians and Wards Act, 1890, Section 12, 7, 17, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Interim custody of minor daughter - Welfare of child is paramount consideration - Merely because appellant is father and natural guardian of minor or that he is financially sound, will not be a consideration for granting interim custody to appellant - Rather..........
Guardians and Wards Act, 1890, Section 12, 7, 17, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Interim custody of minor daughter - Welfare of child is paramount consideration - Presently, minor is under the care by her maternal grand parents and her maternal uncle - Fact that minor was visibly shaking, trembling and petrified in presence of appellant-father..........
