Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual Consent - Waiving of six months waiting period - When there is no possibility of parties resuming cohabitation, cooling off period is to be waived...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual Consent - Waiving of six months waiting period - Parties are sufficiently educated and they have mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months waiting period waived...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making of serious and unsubstantiated allegations by wife against husband regarding illicit relationship, dowry harassment and sexual exploitation by brother of husband, clearly shows vindictive nature of wife and amounts to extreme cruelty towards husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of criminal complaint per se cannot amount to cruelty, however such grave and indecent allegations of cruelty should be substantiated during divorce proceedings...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecution has a case that initially proposal of marriage of prosecutrix with accused was accepted by his family and only then accused refused the offer of marriage, FIR was finally lodged - All these factors point out towards the fact that what was alleged as rape was not rape but could be consensual act - Prosecution failed..........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce petition - Territorial jurisdiction - Term `residing' denotes more than a causal visit to a place falling within territorial jurisdiction of Court where a divorce proceeding may be instituted...........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce petition - Jurisdiction - Wife continuing to reside in Australia though under force of circumstances, it has to be maintained in law that she is not residing within the territorial jurisdiction of Court at place `M' - Dismissal of petition for lack of jurisdiction, upheld...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that husband lost his job is not a ground to deny maintenance to wife, as husband being an able bodied man is expected to work and take care of wife - Maintenance rightly granted to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Two complaints filed by wife against husband were found to be false or not proved - This fact itself constitutes evidence of cruelty on the part of wife...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for more than 10 years - Both the parties have levelled allegation against each other for not maintaining sanctity of marriage and their involvement in relationship outside of marriage - Number of criminal complaints were filed by wife against husband -..........
