Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere acquittal from charges u/s 406 IPC, cannot ipso facto be construed, as an act of cruelty on part of wife so as to entitle husband to divorce more particularly when husband has been convicted u/ss 498-A, 323 of IPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere fact that after grant of decree of restitution of conjugal rights in favour of husband, one compromise was entered into between husband and wife wherein husband has accepted his mistakes, such factum of entering into compromise by accepting his guilt would make it clear that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty cannot be assessed only on basis of any single incident and all incidents referred and evidence led are to be examined in cumulative manner in order to arrive at conclusion as to whether cruelty has taken place or not...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Act of driving away wife while she was with child amounts to moral and emotional dereliction, if not cruelty and undermines husband's claim of suffering cruelty at the hands of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of husband in driving away his wife at a vulnerable stage, after seeking judicial assistance to resume cohabitation, amounts to matrimonial misconduct and disentitles him from seeking relief on the principles of fault theory embodied in S.23(1)(a) of Hindu Marriage Act -..........
Hindu Marriage Act, 1955, Section 9, 13 -- Petition by wife for restitution of conjugal rights and counter claim of divorce by husband - Petition for restitution of conjugal rights dismissed and counter claim decreed - Husband set out a list of incidents of cruelty meted out to him and his cross examination has not brought out any contradiction or improvement from his..........
Evidence Act, 1872, Section 122 -- Secretly recorded conversation in between husband and wife - Admissibility in evidence - Divorce proceedings - Bar of disclosure of such communication is lifted as communication sought to be disclosed is in a proceeding between husband and wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife residing separately from husband along with her daughter aged about 10 years - It is very difficult for wife to travel 160 kms with daughter for attending divorce proceedings - Divorce petition transferred to senior Civil Judge Narsapur, West Godavari District - However, personal appearance of..........
Family Courts Act, 1984, Section 19(2) -- Appeal - Decree of divorce by mutual consent - Appeal in respect of consent decree is not maintainable u/s 19(2) of the Act - Aggrieved party is required to approach same Court which passed judgment and decree...........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
