Hindu Marriage Act, 1955, Section 1(2) -- Scope - Act applies to Hindus domiciled in India, even if they reside outside India...........
Hindu Marriage Act, 1955, Section 1(2) -- Scope - Husband stated to be citizen of Canada - However, objection/pleading relating to status as domicile of India or jurisdiction of Court has been raised by husband - In the absence of filing written statement by husband, it cannot be assumed that he was not a Hindu domiciled in India by origin and residing outside the..........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce - Jurisdiction - Marriage between parties solemnized in accordance with Hindu rites and customs in India - Husband did not opt to counter the said pleadings - When marriage was solemnized under Hindu Law, proceedings for divorce by wife also be preferred under the Act - Husband cannot take any exception to the proceedings..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Making unfounded indecent defamatory allegations against spouse or his relatives in the pleadings/complaints amount to causing mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Honeymoon spoiled by wife by not consummating marriage - Wife not only resisted the consummation of marriage during honeymoon but even thereafter caused embarrassment and humiliation accusations against husband and his entire family, which amounts to mental cruelty to husband - Divorce rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband - Marriage between parties could not take off right from inception as worst kind of mental cruelty was faced by husband during his honeymoon by non consummation of marriage by wife - All efforts of husband to save marriage by arranging various meetings, visiting parental home of wife,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Concept of cruelty is directly related to human problem, psychological approach and conduct of spouse which have to be considered while appreciating the concept of cruelty by Courts...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Act of wife to deny cohabitation for a long period of time to husband in itself is an act of cruelty and constitute a matrimonial offence for the purpose of S.13(1)(ia) of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false cases and accusation by wife - Making false allegation about demand of dowry and frequently calling police at the drop of hat and making entire family of husband to make rounds of police station and remain under fear of being implicated in a criminal case, are sufficient to prove mental..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement - Husband working in Dubai - Maintenance cannot be enhanced by converting earing of husband in Indian currency - Court has to consider the cost of living as per living standards in country where husband is employed...........
