Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Award of Rs.5,000/- per month and Rs.2000 per court visit etc. - Wife well qualified Ayurvedic doctor and her financial status can be inferred from her bank deposits - Husband is duty bound to attend to his ailing mother and take care of other expenses required for her treatment - Impugned order is passed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sex to a spouse itself amounts to causing mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sex by wife - Wife did not permit husband to have bodily relations for a long period of more than 4 years, despite living under same roof - Wife was not suffering from any physical disability - Said fact is not specifically denied by wife in her written statement - Mental cruelty thus,..........
Service -- Family pension - Death of deceased - Widow of deceased is the only family member who is entitled to the pension and therefore, mother of deceased would not get any right in pension - Pension would be payable as per the Family Pension Scheme and provisions of Hindu Succession Act not applicable to the case - High Court committed error by giving a direction that..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No ceiling limit is fixed u/s 24 of the Act for granting maintenance pendente lite - Word `support' in S.24 of the Act does not mean bare existence - It means that claimant spouse should have the same comfort as the other spouse...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Capacity of other party to earn cannot be taken into consideration, while granting maintenance pendente lite - It is only actual earning of opposite party on the basis of which relief can be granted - Permanent income and not casual income is relevant...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-disclosure of exact income by husband - Where the parties do not come forward with exact income, Court would have no alternative but to apply its guess-work - In the instant case, husband has two accounts, which shows that cash deposits per month in such accounts is of Rs.73,683.33 - However,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Ex-parte judgment - Though ex-parte judgment need not be more elaborate, yet there should be a brief record of facts and discussion on evidence adduced with reference to acts of cruelty and as to how Court has come to conclusion that S.13(1)(ia) of 1955, Act is attracted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False charges, particularly relating to infidelity, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wild and unsubstantiated contention of adultery made against husband, amounts to a strong element proving mental cruelty...........
