Indian Penal Code, 1860, Section 494 -- Second marriage - No assertion about validity of second marriage - Nothing on record to show that second marriage was a valid marriage or essential for S.5 of Hindu Marriage Act are fulfilled - Proceedings quashed...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Inquiry as to - Divorce between parties - Inquiry regarding permanent alimony is to be conducted by Family Court and not by High Court or Supreme Court - Direction issued...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Must be strictly proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - To amount to cruelty, acts must be of a very serious nature than mere wear and tear of married life...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Normally Court requires that evidence of a spouse who charges the other spouse with a matrimonial offence should be corroborated...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion is withdrawal not from place but from state of things...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - It is a continuing offence - Element of permanence necessarily involved requires that both separation and animus deserendi shall continue during entire statutory period of 2 years immediately preceding presentation of petition...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Decree of divorce cannot per se be granted on basis of allegations made in pleadings - Court must endeavour to analyze attendant circumstances in order to determine veracity of such allegations before arriving at conclusion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Essence of desertion is forsaking and abandonment of one spouse by other without reasonable cause and without consent or agonist the wish of the other...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition - Plea that Court staff is trying to help the husband - Sessions Judge already order an enquiry against members of staff - No more a ground of transfer - Moreover, case is not to be decided by staff of Court but by the Presiding Officer...........
