Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife intends to live with her husband in her matrimonial home unconditionally and admitting and relenting on her mistakes being misled by her brother - It is the compelling circumstances at the house of her husband due to which she was unable to live there or was not allowed to live in that house -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Court without framing any issue regarding permanent alimony to wife and without taking any evidence on that point directed husband to pay sum of Rs.2.15 lacs as permanent alimony - For want of evidence, finding of Court below cannot be sustained and set aside - However, wife can move application for permanent..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Divorce - Earlier petition dismissed for default - Fresh petition, without seeking restoration of earlier petition, dismissed for default, is not maintainable...........
Civil Procedure Code, 1908, Order 12, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1) -- Decree on admission - Divorce petition filed by wife - Husband in his counter claim also seeking divorce on ground of cruelty and desertion - Wife admitted that she has withdrawn the company of her husband and deserted him for a period of more than 2 years preceding counter..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition by husband - Dismissed by trial Court - Appeal dismissed by High Court - Appeal filed in Supreme Court - Parties referred to Mediation Centre - Parties living separately for the last 15 years due to their strained relations - In exercise of power u/s 142 of Constitution, marriage between..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition filed by husband - Wife was beaten and turned away from matrimonial house not only by husband but by his son through first marriage - Wife got hatred as against love as she was expecting protective umbrella of matrimonial home but that was not provided to her - Despite compromise arrived at..........
Hindu Marriage Act, 1955, Section 13B, 25, 26 -- Divorce by mutual consent - Maintenance - Trial Court can pass an order for maintenance under the scheme of Ss.25 & 26 of the Act only on the agreed terms of the parties while passing a decree by mutual consent invoking provision u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B, Hindu Succession Act, 1956 - - Divorce by mutual consent - Right of minor in property of her father - Held, right of minor under Hindu Succession Act cannot be curtailed by mother or father even by way of compromise...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Direction as to lien of minor over ancestral property - No material to show that issue as regards lien of minor over property of her father was the subject matter of adjudication before trial Court - No issue as regards to lien of minor over property in question was formulated by trial Court - Trial Court..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 17 -- Custody of children - Children British citizens by birth brought in India by their mother - Mother initiated matrimonial proceedings in India but making no efforts to obtain interim order for custody of children - Father on the other hand obtained interim order of custody..........
