Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Stray incident cannot be a ground of dissolution of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband contended that wife lodged complaints against him - However, it is only to protect her interest and to ensure that jewels given by her parents are safe and in the interest of child - Family Court had directed maintenance to be paid - This fact itself would show that husband had..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Salary of husband is admittedly in the range of Rs.2 Lakhs p.m. - Nature of his professional qualification further indicates a high and progressive earning potential, which is a relevant consideration u/s 25 of the Act - No cogent evidence of stable or sufficient income enabling wife to maintain herself at a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Bickering that takes place between a husband and wife and more particularly during initial stage of marriage is a common phenomenon that invariably takes place in every marriage as such same cannot be projected as cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife hardly lived together for a couple of months and initial bickerings were not properly sorted out and both of them are living separately - Husband has not made out a case for cruelty either physical or mental - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Cause of action for filing divorce petition alone can be taken into consideration and what stand was taken in counter claim by wife will not create a new cause of action for husband to take advantage of same and make an attempt to establish ground of cruelty...........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Cruelty - Deceased died an unnatural death within three months of her marriage - However, prosecution has miserably failed to prove that she was subjected to cruelty or harassment with regard to demand of dowry or even otherwise before her death - It is neither a case of murder or of dowry death - Acquittal..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - Where names of relatives of husband in matrimonial disputes are mentioned without there being any specific and substantiated allegations indicating their active role, same amounts to misuse of criminal process...........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Matrimonial cruelty is a continuing offence, as suffering of victim does not end with a single isolated incident but continues so long as oppressive conduct persists - Harassment and cruelty within marriage cannot be viewed in isolation, but must be assessed in the context of continuous conduct...........
