Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Merely because wife has chosen to file application after 36 years of marriage, husband who admittedly earns Rs.40,000 p.m cannot absolve of his obligation to pay interim maintenance - No jurisdictional error or apparent error on the face of record in awarding meagre sum of Rs.5,000 to wife as..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of petition filed u/s 9 of Hindu Marriage Act by husband - Wife a working woman and mother of two minor children - Wife will face difficulties to travel for a long distance - There is no one in family who can look after children in absence of wife - Moreover, other litigation between parties is pending at..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately since 2004 i.e 18 years have passed - Chances of reconciliation are impossible, as matter was referred to mediation but report was one of failure - Nothing really subsists in the marriage except mutual acrimony -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Monthly income of husband after deduction is Rs.42,492/- - Husband also owns a plot and has a share in joint ancestral agricultural land - Permanent alimony of Rs.10,00,00/- in full and final settlement, awarded to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Acquittal of husband from charge for absence of evidence beyond reasonable doubt in a case filed by wife, cannot be held that initiation of prosecution was on basis of false complaint - Ground of cruelty cannot be proved on such ground - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not return to matrimonial home despite husband going to bring her back with his brother and mother, despite notice requisitioning the wife to rejoin husband and despite petition u/s 9 of Hindu Marriage Act being filed by husband - She could not justify not returning to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed unsubstantiated criminal complaint against husband and his family members which caused them immense mental cruelty and agony - She made several contradictory and unsubstantiated allegations in her written statements, complaint before CAW cell alleging dowry demand and her..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Husband and wife living separately since 2011 - Efforts were made to resolve the matrimonial dispute through process of mediation, but mediation failed between parties - Marriage between parties had broken down irretrievably and there is no chance of their coming together or living together again..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
