Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband on ground of mental cruelty - Most of allegations made by husband against wife not corroborated and proved by husband - Many contradictions found in evidence of PWs.1 to 3 - Nothing on record to show that conduct of wife was of such intensity and gravity so as to bring it within parameters on..........
Guardians and Wards Act, 1890, Section 12, 7, 17, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Interim custody of minor daughter - Welfare of child is paramount consideration - Merely because appellant is father and natural guardian of minor or that he is financially sound, will not be a consideration for granting interim custody to appellant - Rather..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Doubting of character of wife gives justified reasons to wife to reside separately out of her matrimonial home - Case of husband of mental cruelty on account of depriving him of his matrimonial rights would not hold good - Divorce petition rightly dismissed...........
Medical Termination of Pregnancy Act, 1971, Section 5, Constitution of India, 1950, Article 21 -- Medical Termination of pregnancy - Personal liberty - In the instant case, petitioner claims that it is injurious to her mental health to continue with pregnancy since there are severe foetal abnormalities noticed in her pregnancy - Therefore, it will be violative of her..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of eight month old child by her own mother - Plea of insanity - PWs including husband of accused stated that accused is a mental patient right from date of their marriage and he never got her examined by any psychiatrist - Unsoundness of mind of accused already part of evidence as deposed by PWs - It is duty of prosecution..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Husband residing separately from wife allegedly due to her mental disorder and physical and mental cruel acts - However, incident stated by husband are normal wear and tear of married life which can be repaired - Moreover, two children were born from wedlock with husband after..........
Evidence Act, 1872, Section 118 -- Child witness - Competency - Voir Dire Test - Capacity of person offered as a witness is presumed and to exclude a witness on ground of mental or moral incapacity, existence of such incapacity must be shown...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of other party...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Wife proved on record that she has been treated with cruelty by act of husband who used verbal abuses and insults by using filthy language which constantly disturbed her mental peace - She even proceed to the extent of filing criminal case against husband u/s 498-A IPC - No cross..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13A -- Divorce - Mental cruelty - Petition by wife - Where wife proves on record that she was being treated with cruelty, which is one of ground for granting decree of divorce u/s 13(1)(ia) of the Act, there appears no reason for Family Court to still grant her decree for judicial separation instead of decree of divorce that too..........
