Hindu Marriage Act, 1955, Section 10 -- Decree of judicial separation can be granted in a petition filed for divorce - However, no such power is contemplated in a petition filed for restitution of conjugal rights...........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Once the relationship between the two reached of irretrievable breakdown, marked with desertion, more than 5 years, then compelling the couple to live together will not serve much purpose by giving decree of judicial separation - Survival of marriage for 19 years does not mean that all things were good between..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation and divorce - Difference - (i) Concept of Judicial Separation rests upon the consent and circumstances of couple and hope of survival of their relation while the divorce is the decree which is based upon the allegations and counter allegations of parties in lis; (ii) Judicial separation is a mechanism whereby..........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Decree of judicial separation can be passed only if either party agreed to - Court cannot bound the parties to cohabit with each other without their will or any application/petition filed in that behalf...........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Wife filed application u/s 13(1)(ia) of the Act seeking divorce on the ground of cruelty and she neither want judicial separation nor she prayed so in any of her averments made before the Family Court - She wanted divorce throughout - Evidence available on record shows various instances of cruelty towards wife -..........
Hindu Marriage Act, 1955, Section 13(1A) -- Divorce - Non-revival of matrimonial relationship between parties within a year from decree of judicial separation - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13, 10 -- Divorce petition - Alternative relief of judicial separation - When no grounds were made u/s 13 of Hindu Marriage Act to grant a decree for divorce, decree for judicial separation cannot be granted as an alternate relief...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false criminal case by wife against husband which culminated into acquittal due to absence of witnesses at the behest of wife despite there being 36 hearings, would amount to cruelty towards husband - Conduct on part of wife constitutes mental cruelty - Moreso, there are no..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation - Husband filed divorce petition against wife and decree of divorce granted in favour of husband - Wife filed appeal against such decree - However, both the parties have mutually consented to be away from each other and in view of their domestic issues, prays for judicial separation - Since the parties are..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Provision of S.25 of the Act is not restricted to a decree of divorce but the decree can be for restitution of conjugal rights, judicial separation, or divorce by mutual consent - Scope of S.25 of the Act cannot be restricted by holding on divorce/dissolution of marriage, wife or husband cannot bring such..........
