Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife compelled to withdraw from society of husband - No serious effort made by husband to rehabilitate wife - Petition for restitution of conjugal rights filed by husband only a counter blast to the petition u/s 125 Cr.P.C. filed by wife and to skip his liability to pay maintenance - Order of dismissal..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty has to be pleaded and instances with reference to time, place and manner of occurrence are required to be incorporated therein - If these ingredients are not pleaded and proved, no inference of cruelty can be drawn...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Act of disobedience on the part of wife, itself is no ground to infer any cruelty in its strict interpretation - Such an act does not give any reasonable apprehension in the mind of husband to perceive any injury to him - Disharmony and incompatibility cannot be presumed as cruelty for dissolving the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Simplicter leaving the house is not desertion unless and until animus deserendi is proved - Separate living and separate living with an intention to never return back to matrimonial home are the ingredients to prove desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Evidence on record shows that husband wanted to get rid of wife by one mode or the other - Wife on the other hand is always ready and willing to join the matrimonial house and submitted that husband does not want to keep her in matrimonial house even if job is left by her - Story of desertion is thus a..........
Civil Procedure Code, 1908, Order 32, Rule 4 -- Suit by minor - Next friend of minor need not necessarily be one of guardians enumerated in S.6 of Hindu Minority and Guardianship Act and it is also not necessary that next friend must be appointed by Court as legal guardian...........
Hindu Marriage Act, 1955, Section 7, 7A -- Marriage - Performance of marriage by Advocate in his office premises - Developing a new field of practice, by Advocates, namely "Solemnisation and Registration of Marriages" - Marriages performed in secrecy in office of Advocates and Bar Association Rooms, does not amount to solemnization of marriage within meaning of Ss.7 & 7-A..........
Hindu Marriage Act, 1955, Section 8 - - Registration of marriage - No registration of marriage can be done, without physical presence of parties to marriage before registrar, except under special circumstances after recording the reasons. (Paras 25 & 41(b). Cases Referred: Bhaurao vs. State of Maharashtra, AIR 1965 SC 1564 (Para 20) Seema Vs Ashwani Kumar, 2006(1) Apex..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 25 - - Custody of minor child - Father of minor being natural guardian has right of custody unless Court comes to conclusion that father is unfit to have custody and it is not for the welfare of minor that father should be allowed to exercise his right - In the absence of same..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Till application u/s 24 of the Act is decided and amount ordered to be paid is paid, wife is not supposed to file her written statement...........
