Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10 -- Maintenance - Impleadment - Necessary party - Maintenance was fixed and created charge on land - Wife has challenged transfer deed executed by husband in favour of grand son of brother only to limited extent that she has a preferential right of maintenance - Exercise of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce -Condoning act of cruelty - By staying under one roof, necessary presumption cannot be drawn of having physical relations - Evidence on record lacks credibility of their intimate relation as husband and wife - Finding of condoning cruelty, held, perverse and not sustainable and liable to be set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband - Mental cruelty - Husband and her sister roped in false criminal case which ultimately resulted into exoneration of all - This amounts to mental cruelty as such issue cannot be wiped out from mind of person who has been falsely implicated in criminal case - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce petition by husband - Desertion - Evidence on record establish that husband and wife not staying together for long duration or permanently - Statement of wife reveals that even after visit for certain days, she always came back to her parents house and never stayed continuously with her husband after August, 1998 -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False criminal case against husband filed by wife u/s 498-A IPC, in which he was discharged - Department of husband also conducted inquiry against husband on the complaints of wife, and thereafter exonerated him finding no truth in such complaints - Even false allegation also made..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately since 2006 and in all this duration, wife seems to have made no efforts to join company of husband - Rather act of wife of cleaning out the joint locker of parties shows an animus descendi - Divorce rightly granted...........
Criminal Procedure Code, 1973, Section 407, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23 -- Transfer application by husband - FIR has been filed against family members of wife u/Ss.147, 149, 323, 325, 506 IPC on ground that husband had suffered grievous injury and remained admitted to hospital - Investigation in FIR is still in..........
Agreement to sell -- Extension of date of execution of sale deed - Wife has not signed extension of date of execution of sale deed but husband has signed - No communication was sent to plaintiff that wife is not ready to extend date - Not possible to conclude that wife stood absolved or no, signing of endorsement by wife will have any adverse effect on rights of plaintiff..........
Agreement to sell -- Extension of date of execution of sale deed - Wife has not signed extension of date of execution of sale deed but husband has signed - Once one of vendor have signed extension and both are husband and wife, it will be safe to assume that extension of date for execution of sale deed was with consent of wife...........
Special Marriage Act, 1954, Section 24 -- Annulment of marriage - Wife suffering from mental disorder - Report of Medical Board shows that wife is not suffering from any psychological disorder - There is no history to that effect either - Only husband stated that wife is suffering from mental disorder, which is not supported by cogent evidence - Wife had to suffer..........
