Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Going over to mother's house cannot be construed as an act of desertion - Acts of wife are justified...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Continuous stay of wife in her parents' house after delivery was not considered to be an act of desertion - Acts of wife are justified...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband levied unsubstantiated allegation that wife was in close contact with a male person - However, neither name of said person nor cell phone number had been mentioned in petition and no other details are given - This false allegation would have naturally affected wife who had..........
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 13(1)(i) -- Divorce - Adultery - Dissolution on the ground of adultery can be granted only when sexual intercourse is proved - However, it would be extremely impossible to get direct evidence on sexual intercourse and same can be proved by circumstantial evidence...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife was in illicit relationship with second respondent - Wife of second respondent also lodged complaint that he was in illicit relationship with wife/first respondent - Husband was a Constable in CRPF and he was away from marital home on his duty and could visit his home only twice a year by availing..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Qualified wife - Where a qualified wife is capable of earning more than enough through the use of her expertise and still refrains from doing so only to impose a burden upon her husband, in such a situation Courts can deny maintenance u/s 24 of the Act...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
