Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance is a matter of right to wife so long as wife remains a legally wedded wife of husband and fact that she has been deserted by husband...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Mere roaming along with any male other than husband does not constitute presumption of adultery against wife - There must be direct evidence to establish that she was seen in a compromising position or adultery with other than her husband then only charge of adultery can be said to have been established...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Criminal case filed by mother of husband against wife in which wife was been given benefit of Probation of Offenders Act, does not constitute cruelty against husband - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - False, unwarranted and baseless allegations by wife pertaining to character of husband labelling him as an alcoholic and womanizer has resulted in shredding his reputation in society and amounts to cruelty towards husband - Divorce granted to husband...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife sought transfer of proceedings on the ground that she has minor child to take care of and has no financial support - Husband on the other hand opposed the transfer petition on medical grounds - Considering medical ground of husband, liberty..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife living separately since 2016 - Statement of wife do not support the fact as to what is the reason for living separately - Though allegation of demand of dowry has been made but that was negated after a trial by Magistrate - Consequently, defence which was projected as against..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Parties have lived together in a matrimonial home only for nine months - Even though, there is no child from their wedlock and even though during this litigation admittedly husband has already paid Rs.23 lakhs to wife as maintenance, yet it is fit to grant sum of Rs.18 lakhs as permanent alimony as full and final..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Frequent and frivolous complainants filed by wife against husband amounts to cruelty and is sufficient ground for divorce...........
Kerala Registration of Marriages (Common) Rules, 2008, Rule 13 -- Correction/cancellation of marriage registration certificate - Third person who is not a party to marriage cannot file an application for correction or cancellation of entries in Register of marriages - Parties to marriage i.e only husband and wife has authority to file application u/r 13 of Rules...........
