Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Locus standi - Husband admitted that civil Judge has declared that respondent is his wife - Even, husband has been paying maintenance allowance to wife - Husband has thus, locus standi to maintain petition for dissolution of marriage u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 25(1) -- Permanent alimony - Unchastity of wife - Factum of unchastity of wife was required to be pleaded and proved by adducing specific and cogent evidence - Husband failed to do either of same - Mere bald statement in evidence of husband would not be a substitute of proof of wife being unchaste - Wife is entitled to maintenance from..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement - Disputes between parties is fully and finally resolved by Mutual Consent terms - Parties are living separately since May 2010 and their marriage is evidently a dead letter - Neither party has any objection if Court dissolve the marriage - Marriage between parties held, dissolved subject to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Adjustment of interim maintenance amount granted to wife u/s 125 Cr.P.C. - Maintenance pendente lite granted to wife u/s 24 of the Act Rs.2500/- p.m. - Interim maintenance granted to wife u/s 125 Cr.P.C. is Rs.1500/- p.m. and Rs.1,000/- each to two daughters - Thus in totality Rs.6,000/- per month would be..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Marriage between parties did not take off from very beginning - Parties are living apart for more than 19 years - There was disintegration of marital unity and thus, disintegration of marriage - Marriage dissolved by a decree by divorce in exercise of power under Art.142 of the..........
Evidence Act, 1872, Section 112, Hindu Marriage Act, 1955, Section 13(1)(i) -- DNA test - Paternity of child - Husband filed divorce petition against wife on the ground of adultery and disputing paternity of child - He filed application to conduct DNA test of son of wife as also himself - Husband specifically pleaded that after 22 days of marriage he left to his work place..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Factum of wife deserting husband - Not a ground to deny maintenance pendente lite u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Compromise arrived at between parties in meditation but wife not adhered to the terms of compromise - Not a ground to deny maintenance pendente lite to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No evidence on record established by husband that wife has her own source of income - Though, husband had denied his sources of income as alleged by wife but it was not even case of husband that he has no source of income whatsoever - Amount of maintenance pendente lite of Rs.2500/- p.m. determined by..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife has no source of income - Factum of husband being able bodied not denied - Plea of husband that he was not doing any job and had no means to pay cannot be accepted to deny maintenance to wife - Maintenance rightly awarded to wife...........
