Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty - May be physical or mental - Mental cruelty is a state of mind - Feeling of deep anguish, disappointment, frustration in one spouse caused by conduct of other for long time may lead to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty - False allegation against wife that she is drug addict - Amounts to cruelty - If being hurt by such unfounded allegation, wife and her father filed a suit for damages against husband, that could not be used by husband to say that litigation caused mental cruelty to him...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty upon husband - Filing litigation for claiming maintenance by wife - Husband refused to maintain wife and her daughter - Wife was well within her legal right to file a petition claiming maintenance u/s 125 Cr.P.C. - Since the amount ordered to be paid u/s 125 Cr.P.C. was not sufficient, law provided remedy to..........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty upon husband - Merely because wife withdrew entire amount from her salary account and closed the same, by no stretch of imagination, said conduct of wife can be addressed as cruel towards husband, particularly when there is no allegation that wife mis-utilized the said amount for a purpose other than benefit..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Capacity of the other party to earn cannot be taken into consideration while deciding the application u/s 24 of the Act - It is only the 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 - Object of S.24 of the Act is to provide for maintenance pendente lite to a spouse in a matrimonial proceedings so that during pendency of proceedings spouse can maintain herself/himself and also have sufficient funds to carry on litigation so that spouse does not unduly suffer in the conduct of case for..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband having flourishing business - He has 21 vehicles - Husband paying monthly EMIs for said vehicles taken on finance - Cogent proof of exact amount paid towards EMIs not disclosed by husband - Presumptive income of Rs.10,000 per vehicle is justified keeping in view the monthly withdrawals which..........
Motor Vehicles Act, 1988, Section 166, Hindu Succession Act, 1956, Section 14 -- Appeal - Window - Even if remarried, shall be entitled to compensation both as legal representative and as well as legal heir of deceased husband...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Settlement arrived at between parties - Entire dispute between parties and pending cases finally settled - Parties are living separately for more than five years - Keeping in view of the fact that husband has to go back to his work place in U.S.A and wife had to think..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Cannot be defined through a straitjacket formula - Mental cruelty can at times cause more grievous harm than physical cruelty - In cases of mental cruelty the facts need to be delved into - Court is required to reconstruct the mental process as well as extrapolate the effects of such incidents..........
