Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Non appearance of husband on the second motion hearing - Husband persuaded wife for quashment of FIR and as a consequence of compromise FIR was quashed - Quashing of FIR by compromise presupposes that husband has consented for dissolution of marriage by mutual consent and therefore, his non appearance at..........
Legal Services Authorities Act, 1987, Section 21, Hindu Adoptions and Maintenance Act, 1956, Section 9, 10 -- Award of Lok Adalat - Adoption - Mandatory provisions of Ss.9, 10 of the 1956 Act violated while passing of award - Lok Adalat cannot pass award contrary to the provisions of law - Award of Lok Adalat quashed...........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 6 -- Adoption - Locus standi to challenge the adoption - Petitioner is the brother of adoptive father and not a party to adoption proceedings - Though directly petitioner has no locus but there is remote and some circumstances regarding interest in ancestral property - Petitioner thus, has locus standi to challenge the..........
Hindu Marriage Act, 1955, Section 12(i)(c) -- Annulment of marriage - Concealment of physical deformity and infection in private parts of wife - Evidence on record shows that PWs have no personal knowledge about allegations of physical deformity of wife - No effort was made by husband to get wife medically examined from competent doctor - Evidence adduced by wife to show..........
Hindu Marriage Act, 1955, Section 13 -- Matrimonial dispute - Settlement arrived at between parties before supreme Court - Parties duly divorced - Custody of daughter will be with mother - Rs.30 lakhs will be paid as alimony and maintenance to respondent-mother and daughter - Default in payment will amount to contempt of court apart from other consequences of interest etc...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of six months waiting period - Parties living separately most of the time from the last five years - Their marriage reached a breaking point more than a year back - Family Court granted first motion and now parties are waiting for second motion - Wife scheduled to leave country in between and it..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Refusal to pay maintenance pendente lite - Leaving wife in penury without offering anything to sustain her life despite maintenance orders passed, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Mental torture or abnormal behaviour may amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Allegations of cruelty should have the origin with reference to time, place and manner of committing such cruelty - General allegations do not constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce - Petition by wife for divorce on ground of cruelty - Counter claim by husband u/s 9 of the Act - Wife left matrimonial house with intention to get herself re-married with some financially sound family - She also voluntarily left her minor child and never sought his custody - During her matrimonial stay she never..........
