Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To determine degree of cruelty allegedly inflicted upon spouse, same would have to be inferred from consequences of the act and not from the act alone...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Leaving wife in penury by husband without offering anything to sustain in life, despite order from Court, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite has to be construed as an incident of cruelty caused by husband upon wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Petition by wife - Husband contended that allegation of physical cruelty in absence of medical record does not lead any credence to allegations of her being subjected to cruelty - Contention rejected, as in matrimonial disputes, wife and family members try to solve matrimonial disputes at their own..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Earlier petition for divorce filed by wife was withdrawn on assurance of husband that he will live with her with love and dignity but he failed to honour the promise and again subjected her to atrocities mental and physical - Wife is living separately along with child - Defence of husband..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Matter between parties has been amicably resolved and they have decided to part ways - Settlement has been arrived at out of their own free will and volition without any kind of pressure, coercion or undue influence of any kind - Statements of parties at second motion have accordingly been recorded..........
Hindu Marriage Act, 1955, Section 13, 13B -- Conversion of petition u/s 13 of the Act to S.13-B of the Act - Parties are living separately since 2012 - Both the parties have agreed to part their ways while reiterating their statements at first motion as per conditions mentioned in settlement arrived at between parties - Statements of parties at second motion have been..........
Hindu Marriage Act, 1955, Section 11, 5(iii) -- Nullity of marriage - Marriage performed in violation of age limit - Marriage cannot be declared void as age limit prescribed in S.5(iii) of the Act is omitted from the purview of S.11 of the Act - Impugned judgment declaring marriage as null and void set aside...........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 11, Indian Penal Code, 1860, Section 120B -- Quashing of FIR - Compromise - Offence u/s 11 of Prohibition of Child Marriage Act and S.120-B IPC - Compromise effected between parties is voluntary, genuine and without any pressure or coercion - Criminal cases arising out of..........
