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..........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
Marriage -- By executing marriage agreement and attested by Notary and Oath Commissioner - Law Department of the State is required to look into the matter as to how Notaries and Oath Commissioners are involving themselves in executing the document in respect of marriage, divorce etc. which are not permissible under the law - Neither Notary is authorised to perform the..........
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27(d) -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately since 2014 - Marriage between parties has broken - Deed of Agreement is signed and disputes have been settled to convey to Court that parties did not want to live together - Continuation of such marriage will..........
Special Marriage Act, 1954, Section 27 -- Divorce - Compromise - Husband filed divorce case against wife and divorce was granted by trial Court - Appeal against same was filed by wife - However, compromise arrived at between parties - All disputes between parties have been settled in terms of compromise - Wife accepts divorce on conditions laid down in compromise deed -..........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - Entry in notary register regarding execution of divorce deed - Would not itself prove contents of divorce deed and also fact that divorce deed was executed as per custom or usage and having force of law, which facts are required to be proved independently through evidence of those having personal knowledge of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Deed of settlement marked as mark `A' for the reason it being a photocopy - Trial Court holding that unless wife joined in filing an application u/s 13-B of the Act, document could not be considered - Husband able to prove cruelty in the form of denial of sex by wife - Divorce granted on ground of cruelty...........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce - Cruelty - Withdrawal of consent by husband in a petition for divorce by mutual consent - - Unilateral withdrawal of consent by husband without any sufficient or just cause, particularly when wife was always willing to abide by terms and conditions of Settlement deed executed between them, amounts to cruelty to wife...........
Hindu Marriage Act, 1955, Section 25(2) -- Permanent alimony - Enhancement - Agreement qua payment of amount to wife as maintenance allowance in terms of divorce deed, cannot be treated as estoppel against wife for seeking enhancement of amount of alimony in changed circumstances...........
Hindu Marriage Act, 1955, Section 25(2) -- Permanent alimony - Enhancement of - Payment of Rs.450 p.m was settled between parties to be paid as maintenance to wife by husband in terms of divorce deed - Said agreement qua payment towards maintenance allowance does not come in the way of wife seeking further enhancement in changed circumstances - Since husband is getting a..........
