Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife had no intention to cohabit with husband - However, it is specifically stated in the divorce petition that wife left matrimonial home at the stage of pregnancy and subsequently she delivered a female child - If really such allegation is true, wife would not have..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Various baseless allegations levelled against wife, which are totally false - Wife always ready and willing to live with husband along with her child - Husband failed to prove alleged grounds of divorce - Divorce petition rightly dismissed...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Age and marital status of an adoptee under customary law is protected by S.10(iii), (iv) of the Act subject to applicability of custom and usage - Thus, under Customary law of Punjab as admitted by parties, custom was fully legal and valid...........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv) -- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Adoption made as per customary law of Punjab, as admitted by parties - Custom was fully legal and valid - Even otherwise, as per registered adoption deed, adoption was also in accordance with the Act, as adoption made when adoptee was only 9 or 10 years of age - Adoption deed was duly..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of statutory period of six months - Parties are highly educated - No chances of reconciliation between them and they have mutually decided to end their marriage - Therefore, statutory period of six months waived...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without..........
Hindu Marriage Act, 1955, Section 5(i), 11, Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 43, Rule 1A -- Setting aside ex-parte proceedings - Marriage declared null and void - Ex-parte proceedings initiated against wife - Wife moved an application for setting aside proceedings prior to ex-parte proceedings culminating into ex-parte decree -..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental illness mentioned in two sides of word `or' in O.13(1)(iii) of the Act are of different kinds...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife suffering from schizophrenia - She has a suicidal tendency and tendency to cause harm even to her daughter - It cannot be said that husband deserted her or without reasonable cause he has withdrawn himself from society of wife - Wife not entitled to decree of restitution of..........
