Hindu Marriage Act, 1955, Section 13 -- Divorce - Only a competent court can grant decree of divorce - Divorce cannot be granted to a party governed by Hindu Marriage Act or Special Marriage Act, based upon any consent letter between them...........
Hindu Marriage Act, 1955, Section 16(c), Bombay Regulation Act, 1827, Section 2 - - Legitimacy of children of void marriage - Legal heirship certificate - Petitioner No.1 married deceased during the subsistence of his first marriage - Marriage of petitioner No.1 is void and she cannot be considered as a legal heir of deceased - Children born out of such void marriage would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - It is not every act which is deemed reproachable by the complaining spouse, but aggravated conduct which makes life with the other spouse unbearable that constitutes cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) - - Acts of cruelty are neither strait jacketed nor capable of exhaustive listing - They are entirely fact dependent, based largely on the contextual setting of the parties, the contemporary times, the lifestyles they lead or are accustomed to live and the extent to which they have known each other...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Sustained reprehensible conduct, studied neglect, indifferent or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure which amount to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband made admission contrary to the pleadings in his cross examination - Trial Court gave undue weight to the fact that wife could not establish the acts of cruelty alleged by her - In a petition for divorce it is petitioner who has to establish the acts of cruelty - Allegations not..........
Hindu Marriage Act, 1955, Section 20 -- Hindu Marriage Rule, 1963 (Kerala), R.7 - Pleadings - According to respondent after resumption of cohabitation attitude of appellant never changed and her behaviour became much more worse and she began to abuse him - He also states that in December, 2008, appellant left house without consent or intimating him and that appellant was..........
Hindu Marriage Act, 1955, Section 23 -- Divorce - Cruelty - Condonation - Held, necessary elements of condonation are forgiveness and restoration...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation leveled against husband of having illicit relationship - Wife failed to substantiate the same in any manner - Held, such allegations made by wife have caused mental cruelty to husband - He is entitled to a decree of divorce...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Execution - Main petition u/s 9 of the Act dismissed as withdrawn - Order granting maintenance pendente lite attained finality - Held, order of maintenance cannot be challenged in the execution proceedings initiated by wife for execution of the said order...........
