Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder - There is no limit to kind of mental disorder as no specific kind is mentioned - However, term `has been suffering' shows that period of illness must not be too short or petition should not be based on one or two instances showing such mental disorder...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Incurable unsoundness of mind of wife - Petition by husband - Evidence of two doctors examined by husband does not show that unsoundness of mind of wife is incurable - Evidence on record shows that wife had not taken the treatment from these two doctors and it is the husband at whose instance the record is created -..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Incurable unsoundness of mind and mental disorder of wife - Petition by husband - Husband not living with wife most of the time - Only mother of husband was having company of wife for most of time - However, mother of husband not examined by husband - Other witnesses having no personal knowledge of mental illness of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Earlier marriage by husband - Non disclosure - Even if earlier marriage is annulled, non disclosure before entering into second marriage, amounts to cruelty - Divorce granted...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Interim maintenance - Widowed daughter-i, law can claim maintenance from coparcenary property available in hands of her father-i, law - However, if any amount remains unpaid, same can be recovered from co-parcenary property occupied by father-i, law and brother-i, law...........
Hindu Law -- Joint Family - There is legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Property given to a Hindu woman at the time of her marriage is her `Stridhan property' - Title of it always remains with wife though possession may be with husband or other members of family - If husband or other members of his family commits an offence of breach of trust with regard to such stridhan they..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife admitting in cross examination that if husband had not filed petition for dissolution of marriage she would not have filed criminal complaint against husband - This only shows ill intention of wife to put husband behind bars and also to humiliate and harass him - Such act on part of wife definitely..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib) -- Divorce - Adultery & desertion - Petition by husband - Wife left husband that too with one person, who alleged to be her cousin - Statements of Husband's witnesses also supported desertion and that wife lived with said person - Moreso, second child was born to wife after she left the company of her husband - No..........
Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18(3) -- Maintenance - Can be denied to lady who has become unchaste in terms of S.25 of 1955 Act and S.18(3) of 1956 Act...........
