Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental Cruelty upon husband - Even if husband and wife are staying together and wife did not speak to husband, it would cause mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Even one complaint lodged by wife found to be false against husband and his family members amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Even if husband and wife are staying together and husband does not speak to wife, it would cause mental cruelty...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife was already getting an amount of Rs.4000 as maintenance u/s 125 Cr.P.C - Family Court thus, came to conclusion that no further grant of maintenance is warranted - However, family Court directing husband to pay Rs.5000/- as litigation costs, since wife has to engage a lawyer and defend herself in..........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Decree alleged to be the result of fraud and coercion - Wife failed to narrate any fact of force or coercion before presiding officer or her counsel at the time of passing of decree when Court inquired with parties to ascertain their free consent/collusion - Even during pendency of appeal wife..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband intentionally did not produce his three years bank account statement showing his financial status - It is thus, presumed that he was having a good financial status - Even, considering husband as an unskilled labourer, his earning is more than Rs.12,000/- p.m - Moreover, husband is an able bodied..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Allowing father of husband to represent husband being his power of attorney holder - Wife having no objection if father of husband is allowed to participate in the proceedings - Order refusing father to participate in the proceedings set aside...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 25 of Guardians and Wards Act - Wife sought transfer of application from Lucknow to Prayagraj - Distance between Prayagraj to Lucknow is about 200 and odd Kilometers - Wife is residing with her minor child and to protect interest of child from harassment of frequent travel, case transferred from Lucknow..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Qualified wife - Wife even if well qualified, is not dis-entitled from claiming her legal maintenance...........
