Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife had publicized her husband as a womanizer, drunkard and having bad habits in his office - Said act of wife would amount to cruelty, as it would demolish reputation of husband - Explanation given by wife that she did so to protect future of children could not wipe out her act of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband placed on record conversion between parties recorded in CD, its transcript and text messages along with certificate u/s 65-B of Evidence Act - Wife on the other hand did not lead any evidence to contradict the said evidence - Evidence led by husband correctly taken into account..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Factum of marriage and cohabitation cannot be inferred through a single photograph of male and female as seen together, particularly when only positive is filed without negative of photograph and person who took the photograph not examined - Said documents rejected as inadmissible in evidence...........
Partition suit -- Plaintiffs being widow and son of deceased claiming 1/7th share in suit property - School certificate issued in name of plaintiff no.2 without mentioning father's name cannot be taken as proof that deceased is father of plaintiff no.2, particularly when plaintiff no.1 herself admitted that prior to her marriage with deceased, she got married to another..........
Indian Penal Code, 1860, Section 498A, 323 -- Offence u/ss 498-A, 323 IPC - Second marriage of complainant took place with accused - Complainant herself stated that she remained in her in-laws house only for one month and thereafter she came to her parents house - Complaint was filed on false and frivolous ground - Prosecution failed to prove its case beyond reasonable..........
Hindu Marriage Act, 1955, Section S -- Divorce - Desertion - Petition by husband - If wife has a reason to reside separately due to conduct of husband, husband cannot take advantage of his own conduct and behaviour to the disadvantage of wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is employed in police force and he is getting salary of Rs.70,000/- p.m - However, no document with regard to income of wife was produced - In absence of any evidence regarding wife having any adequate source of income, on facts and circumstances of case, order determining amount of maintenance @..........
Hindu Marriage Act, 1955, Section 24, 25 -- Maintenance pendente lite - Application for maintenance pendente lite is maintainable in proceedings u/s 25 of the Act...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Provision of S.25 of the Act is not restricted to a decree of divorce but the decree can be for restitution of conjugal rights, judicial separation, or divorce by mutual consent - Scope of S.25 of the Act cannot be restricted by holding on divorce/dissolution of marriage, wife or husband cannot bring such..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of physical relationship to a spouse by other amounts to cruelty...........
