Protection of Women From Domestic Violence Act, 2005, Section 2(f), 12 -- Domestic relationship - Wife lodged complaint against petitioner on the ground that husband was in relationship with petitioner - However, there is no domestic relationship between complainant wife and petitioner - They are not related by consanguinity or marriage - Complaint qua petitioner not..........
Special Marriage Act, 1954, Section 27(1)(b), (d) -- Suit for divorce - Desertion and cruelty - Husband alleges that due to continuous humiliation and cruel treatment by wife, he shifted to a rent free accommodation - However, said fact is not supported by cogent evidence - Infact, wife categorically deposed that husband stared living in rent free accommodation while she..........
Hindu Marriage Act, 1955, Section 13, 14 -- Ex-parte divorce decree passed within one year of marriage - No leave to file divorce petition before one year of marriage obtained - Decree having been obtained in contravention to statutory provision set aside...........
Guardians and Wards Act, 1890, Section 9 -- Jurisdiction of Court - Custody of children - `Ordinarily resides' - Both the parties were staying in US before marriage - Minor children were born to them in US and they are US citizens - Admittedly, mother of children herself invoked jurisdiction of US Court seeking primary custody of children - Children were shifted to India..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to join husband in spite of there being order passed u/s 9 of Hindu Marriage Act - Thus, she is not entitled to maintenance u/s 125 Cr.P.C. - Application rightly dismissed qua wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Love marriage-cum-arranged marriage between parties - Wife was physically tortured to the extent that she was compelled to file a criminal case against husband and his family members - Husband has shown no interest in contesting appeal, as he opted not to appear and contest appeal so as..........
Family Courts Act, 1984, Section 7(g), 8 -- Restoration of petition for custody of child - Petition dismissed for no, prosecution - Claim of husband irrespective of its title, in relation to guardianship of minor child or custody of child or access to minor child could have been entertained by Family Court as jurisdiction vested in said Court only - Judicial propriety..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of mother-in-law - Eviction order against daughter-in-law - Daughter-in-law has no right in the house of mother-in-law who lodged a complaint against daughter-in-law, which is pending between parties - Moreover, no evidence placed on record to claim ownership of house by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Wilful neglect by wife amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Denying conjugal relationship and insistence for setting up separate home, amount to cruelty to husband - Moreover, continuous separation for past 26 years goes to show that there are no chance of reunion between parties - Marriage between parties has become dead and there is no..........
