Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Reason not assigned for living separately - Court not to probe such reasons and decide as to whether parties were justified in living separately - That is not the scope of provision of S.13-B of the Act - Ingredients of the provision satisfied - Decree of divorce granted...........
Prohibition of Child Marriage Act, 2006, Section 12 -- Marriage of girl aged 14 years with the boy aged above 18 years - Marriage is an offence u/s 9 of the Act - Till the minor child attains the age of majority, parties are merely contracting parties and not husband and wife - Question of handing over custody of minor to boy does not arise, as he cannot claim to be..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 21 -- Divorce - Medical examination - Matrimonial Court has power to order a person to undergo medical test - But, such power has to be exercised only in cases where applicant establishes a `strong prima facie case' and there is sufficient material before Court - Consequence of refusing to subject..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 21 -- Divorce - Medical examination - Order as to - Medical Board to examine petitioner and report whether marriage of petitioner was consummated or whether petitioner is still a virgin - Held, question whether respondent had sexual relationship with petitioner is not relevant for deciding the issue..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion commences when fact of separation and animus deserendi co-exist - However, it is not necessary that they should commence at the same time...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse abandons the other spouse in a state of temporary passion in anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion, as quality of permanence is one of the essential elements which differentiates desertion from wilful separation...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-consummation of marriage by wife - However, evidence on record shows that wife was ready and willing to live with husband - Even mother of wife deposed that her daughter was ready and willing to live with husband - Wife performed all marital obligations - It was husband who forced wife to..........
Hindu Succession Act, 1956, Section 23(Omitted -- (Omitted by Amendment Act 2005) - Hindu Succession (Amendment) Act, 2005, came into force during pendency of second appeal - Benefit of amendment Act is available to plaintiffs, as second appeal is continuation of suit...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Both parties living separately since 2007 - Evidence on record clearly shows that wife was ready to perform her matrimonial obligations but husband never allowed her to do so - Husband forced her to leave matrimonial home and he was not interested in resuming cohabitation with her - Thus, husband failed..........
Hindu Marriage Act, 1955, Section 23A(1) -- No party to marriage can be allowed to take benefit of its own wrong...........
