Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Allegations and counter allegations are made by parties which are not trivial in nature or normal wear and tear of married life - It is far more grave and irreconcilable - Even, conduct of husband towards wife constitutes cruelty - Wife is entitled to decree of divorce - Divorce petition..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against husband - Unnatural death of deceased occurred due to poisoning - There was demand of dowry as proved by evidence of parents of deceased - Even, deceased was sent back to her parental home to secure fulfillment of said demand, but parents of deceased being unable to fulfil demand had counselled and..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - No evidence from expert who are competent to determine whether wife is suffering from mental disorder - Wife serving under CISF and if she is really suffering from any mental disorder she would not have been allowed to continue in her service - Nothing on record that wife has been declared..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife who is serving in CISF is not expected to take all care of child, as is expected from housewife - Allegation to that extent therefore on face of it does not satisfy to accept an additional ground of cruelty - Even there had been no attempt to prove cruelty by wife - Ground of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Numerous complaints by wife against husband to his employer Army Authorities making serious allegations of extra marital affairs - On the basis of complaints made by wife an enquiry was initiated by Army Authorities and Army Authorities exonerated the husband of allegation..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance to son - Marriage between parties dissolved - However, husband cannot be absolved from his liability and responsibility to maintain his son till he attains age of majority - Wife is not earning and she is residing at her parental house - Amount which was being paid pursuant to order passed by Army Authorities on..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have decided to settle all their disputes amicably - Wife already received all her stridhan and belongings from husband in first round of litigation itself - She agreed to accept Rs.13 lacs as one time settlement as alimony towards herself and her..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Suit properties purchased in the name of Hindu female by her husband through sale deeds - Interest of Hindu female in suit properties is not limited - Hindu Female thus, acquires absolute title over suit properties by virtue of S.14(1) of the Act - Courts below are not justified in holding that Hindu..........
Dissolution of Muslim Marriages Act, 1939, Section 2(iv) -- Divorce - Performance of marital obligations - Providing maintenance by husband would not be sufficient to prove that he performed marital obligations...........
Dissolution of Muslim Marriages Act, 1939, Section 2(iv) -- Divorce - Failure to perform marital obligation by husband - Parties were living separately atleast for a period of 5 years prior to filing of divorce petition - Wife held, made out a ground for divorce u/s 2(iv) of the Act - Marriage between parties dissolved...........
