Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Petitioners have invoked the provisions under Hindu Marriage Act, conscious of fact that they are only professing Hindu religion - There was absolutely no necessity for Court to conduct any roving enquiry in such circumstances, merely because wife's name continues to be her original..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife by express conduct, by participating in marriage solemnization in accordance with Hindu rights and customs and also approaching Family Court invoking the provisions of Hindu Marriage Act has sufficiently shown that she has converted herself to Hindu faith - Petitioners have decided..........
Live-in-relationship -- If petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in-relationship with a third person without seeking divorce from earlier spouse - He/she first has to obtain decree of divorce from Court of competent jurisdiction before solemnizing marriage entering into live-in in a relationship..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Live-in-relationship or relationship in the nature of marriage -- Following relationship have not been recognized or approved as live-in relationship or relationship in the nature of marriage - However, list is not exhaustive but merely illustrative : (i) Concubine cannot maintain relationship in the nature of marriage; (ii) Polygamy, that is a relationship or practice of..........
Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 25 -- Interim custody of minor daughter - Claimed by father - Girl child who had crossed 12 years of age would be soon attaining age of puberty and it is at this crucial stage that company of natural mother is what is required most - Custody of child is to be given to mother with visitation rights..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations pertaining to spending habits, household contribution or mobile usage, without proof of severe mental harassment, do not fall within the statutory meaning of cruelty as required under law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusal by a spouse to attend a social event, even if such refusal caused displeasure to other spouse, does not constitute cruelty in the eyes of law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Matrimonial life involves individual choices and personal preferences and isolated acts of refusal to participate in social engagements cannot be elevated to level of matrimonial cruelty warranting dissolution of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Decree of divorce cannot be granted merely because marriage has become strained or parties are living separately - Matrimonial ties cannot be dissolved on basis of general allegations or because of incompatibility alone...........
