Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife deserted husband without any reasonable cause and without consent of husband - Wife cross-examined husband at length but nothing incriminating came on record against husband - Wife not led any evidence to rebut evidence led by husband - Ground of desertion proved on record -..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Res judicata - Divorce proceedings - Non-consideration of orders passed u/s 125 Cr.P.C. in divorce proceedings - Any observation in orders passed u/s 125 Cr.P.C, cannot be said to be res judicata in present proceedings, as grounds of divorce is not in issue in said orders passed u/s 125..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 13 -- Divorce - Wife seeking pendente lite maintenance u/s. 24 of HMA - Maintenance already granted u/s.125 Cr.P.C. - Effect - Maintenance granted u/s.24 of HMA would supersede maintenance granted u/s.125 Cr.P.C...........
Hindu Marriage Act, 1955, Section 13B, 23(1)(bb) -- Divorce by mutual consent - S.23(1)(bb) of Hindu Marriage Act casts an obligation upon courts in the matter of divorce by mutual consent to satisfy itself that consent has not been obtained by force, fraud or undue influence - Court is obliged to make requisite inquiry in the matter before proceeding to pass a decree of..........
Hindu Marriage Act, 1955, Section 13B, 28, 23(1)(bb), 13B -- Divorce by mutual consent - Appeal against decree - Appeal is maintainable, if consent is obtained by force, fraud or undue influence...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition can be filed through power of attorney holder - Moreover, Court not to insist upon presence of parties before Court and to arrange for the consent terms to be recorded either through skype or adopting any other technology and the proceedings contemplated u/s 13-B of the Hindu Marriage Act in the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Conversation between husband and wife in daily routine - Cannot be made basis for deciding petition u/s 13 of the Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rejection of divorce petition and acquittal of accused/husband in criminal case have no significant bearing on fate of application for maintenance, as legal obligation of husband to maintain his wife has no correlation with his exoneration in proceedings u/ss 498-A and 406 IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-disclosure of stitches marks on abdomen before marriage by wife - Existence of stitch marks on the abdomen will not ipso facto tantamount to arrive at a conclusion that non-disclosure of same before marriage would tantamount to cruelty especially when it could not be proved that wife is..........
