Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Petition filed by husband - Adultery and cruelty - Divorce filed after 29 years of marriage - Two daughters born out of wedlock but both were not physically and mentally healthy, thus, appellant-husband desirous to give divorce so as to solemnize second marriage - But wife was not ready to permit for second..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 406 IPC - Limitation - Offence u/ss 498-A, 406 IPC carry a maximum sentence of 3 years - Starting point of limitation for such offences begins from the last act of cruelty alleged to have been committed by husband or his relatives on the wife...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468, 482 -- Offence u/ss 498-A, 406 IPC - Wife turned out of matrimonial home in 2006 and complaint lodged in 2012 - As per S.468 Cr.P.C., complaint was barred by limitation - More so, Investigating Officer gave a negative final report detailing strong and cogent reasons for discarding the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere lodging of criminal complaint by wife against husband and his family members itself does not constitute act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Vague allegations of cruelty and desertion made against wife - Merely because marriage between parties has broken down on account of separation of parties, is not a ground for divorce - Evidence on record shows that husband also lodged complaints against wife..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Wife committed suicide after hearing news regarding second marriage of her husband - Husband not liable for such act of wife, particularly when parties are living separately for the last 10 years - Such act would amount to an offence of bigamy but by no stretch of imagination it can be construed instigation to..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
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 -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Marriage between parties stands dissolved - 17 years old daughter is living with wife, whom she has to maintain till she is major and to get her married - Husband directed to pay an amount of Rs.15 lakhs as permanent alimony to wife in the interest of justice...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Both husband and wife educated and earning independently - Held, wife is not entitled to maintenance pendente lite...........
