Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband able to show that attitude of wife exposed him to cruelty/harassment, which is sufficient to seek relief of dissolution of marriage - Divorce petition rightly allowed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Husband did not join for making second motion - S.13-B(2) of the Act requires second motion to be made not later than 18 months after presentation of first motion - Since there is omission of requirement of S.13-B of the Act, Court is justified to hold that there is lack of consent - Petition for divorce..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Proceedings under PWDV Act - Husband has merely stated that his wife remained in matrimonial house for few days and child is not his biological child - Courts below have given specific findings while dismissing the application - No interference warranted in it - Application rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife's conduct, repeated verbal insults directed at husband and his mother who is disabled, persistent threats of self-harm, refusal to cohabit and desertion without reasonable cause, satisfies the test of mental cruelty...........
Hindu Marriage Act, 1955, Section 13, 23(1)(a) -- Divorce - Petition by husband - Withdrawal of father of husband as a witness does not by itself amount to suppression of material facts or constitute "wrong" within the meaning of S.23(1)(a) of the Act...........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Determination of income of husband - Deductions - Availing of loans by husband and its repayment and payment towards insurance premium, GPF, SLI, etc. are to be reckoned as personal savings and shall not be reduced from actual income to quantify amount of maintenance - Moreover, showing some..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife and child have no independent source of income for their survival and at the relevant time child was studying in LKG - Net income of husband is Rs.19,574 - Family Court rightly granting Rs.6,000 to wife and Rs.3,500 to minor daughter as monthly maintenance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
