Hindu Marriage Act, 1955, Section 13, 7 -- Divorce - Removal of thali chain by wife at the time of separation - Per se not sufficient to put an end to marital knot - But said evidence is a piece of evidence in drawing an adverse inference about intentions of parties - Act of removal of thali chain at the time of separation coupled with various other evidence, Court came to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Stay of petition on the ground of pendency of criminal case u/s 498-A IPC - Cruelty under Hindu Marriage Act has a different meaning altogether than that concept of cruelty as envisaged in IPC - Even the Act complaint of, in the criminal proceedings may not constitute cruelty within the meaning of S.498-A IPC but..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - No evidence on record that husband is employed - In absence of proved facts, Court can do some guess work - By guessing the income, husband directed to pay alimony to the extent of Rs.17 lakhs to wife and Rs.6000/- p.m to minor child - Husband is further directed to return streedhan including gold ornaments, if..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband on the ground of nature of employment or quantum of salary he is receiving cannot contend that he has no obligation at all to maintain wife and his two children - Obligation on the part of husband to take care of wife is not only legal but also moral - Maintenance @ Rs.5000/- as awarded by Court..........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Maintainability - Decree of divorce - Death of husband - Death of one of parties to proceedings after the decree will not render proceedings as abated - Appeal is maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife's intimacy with her relative has been pointed out as cruelty - However, husband has no case that wife was leading an adulterous life - Merely raising bald allegations without any supporting evidence would actually amount to cruelty against whom such allegations have been raised -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent of both husband and wife recorded on 03.01.2020 and case fixed for judgment for 06.01.2020 - Case was again reopened on 06.01.2020 and thereby the case came within the ambit of `hearing' again and on that date unilateral consent of husband was recorded - Court having reopened the case for hearing,..........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty by husband - Husband demanded dowry from his in-laws which were met for most of the time as wife belonged to a affluent family - Husband did not take care of wife and she lost the child after full term pregnancy - Later, husband and his family members did not see the child born from her second pregnancy - Plea..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Making false allegations of illicit relationship against a spouse certainly amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband made false allegations of illicit relationship against wife - He also assaulted wife with a chopper and caused her grievous and simple injuries which was proved on record through documentary evidence - Subsequent to assault by husband, when he was in judicial custody, wife left..........
