Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Unsubstantiated allegations of adultery constitute mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife never felt any security or affection or care from side of husband - Said fact coupled with fact of constant harassment demanding money, has caused mental pain, agony and sufferings to her - Act and conduct on side of husband constituted mental cruelty - Divorce rightly granted...........
Protection to life and liberty -- Live-in-relationship - Married lady, due to apathetic and torturing behaviour of husband having relationship with petitioner No.2 - None law abiding citizen who is already married under Hindu Marriage Act can seek protection of Court for illicit relationship - Sanctity of marriage pre-supposes divorce - If she has any differences with her..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Earlier application filed by husband for divorce on the ground of desertion was dismissed - Even husband preferred application seeking restitution of conjugal rights which was also dismissed and thereafter relatives and mediators requested wife to join with husband but she informed..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately for last 25 years - Wife categorically stated that she had no intention to reside with husband - Reasons stated by wife for living separately not substantiated by wife - Since wife has turned down offer made by husband for restitution of conjugal rights..........
Family Courts Act, 1984, Section 7(1)(c) -- Suit for return of stridhan - At the instance of father of deceased/wife not maintainable, as suit is maintainable only by parties to marriage...........
Protection to life and liberty -- Live-in-relationship - Petitioners are above 18 years of age and are major as per Indian Majority Act - If the parties have chosen to live together and have at least not admitted any marriage between them, there would therefore be no question of invocation of provisions of Prohibition of Child Marriage Act - Respondents no.2 and 3 held,..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused admitted his guilt in social meeting but he finally refused to marry her - But prosecutrix did not make any complaint against accused and allowed him to make physical relationship with her - She made complaint only after engagement of accused for marriage with another girl - Therefore,..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Factum of wife deserting husband - Not a ground to deny maintenance pendente lite u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Compromise arrived at between parties in meditation but wife not adhered to the terms of compromise - Not a ground to deny maintenance pendente lite to wife...........
