Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband does not wish to oppose transfer application - Nothing in provision S.24 CPC prohibits Court from ordering transfer where both parties agree or where opposite party raises no objection - Application allowed with directions...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - When marriage breaks down, obligation of husband to ensure that wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support - Post-divorce wife is entitled to live a life consistent with standard of living she was accustomed to during subsistence of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long period of separation without any hope for reconciliation amounts to cruelty to both the parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusal to accommodate each other for a long period of time amounts to cruelty to one another...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parties have been living separately for 24 years and there is no child from the wedlock - Despite repeated efforts by Courts, there has been no reconciliation between parties - Grant of divorce would not have a devastating effect on any third party, as there are no children from wedlock - No useful purpose..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142(1) -- Divorce - Irretrievable breakdown of marriage - Court in exercise of power to do `complete justice' u/art 142(1) of Constitution has discretion to dissolve marriage on the ground of irretrievable breakdown of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife Is not capable to give birth to child - Wife admitted that her treatment was going on and after taking medications, she has become capable of having a child and she admitted this suggestion that she has not produced any Doctor Certificate in this regard - Both the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Court to first decide petition u/s 24 of the Act and thereafter proceed with divorce case...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of first marriage of wife - Wife admits her subsisting marriage with her earlier husband and there is no decree of divorce - Plea of wife that she acted on basis of mutual settlement and notarized deed cannot confer her legal status, particularly when she herself initiated divorce proceedings..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parties have been residing separately since 2012 which is more than thirteen years now and no substantial or meaningful effort has been made in restoring their matrimonial relationship - Every endeavour was made to explore possibility of reconciliation or alternatively an amicable separation, however, given..........
