Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties solemnized in 1983 but no child was born of said wedlock - Wife was residing away from husband and he is paying maintenance to wife since 1992 - Said fact is not rebutted by wife - It is also proved on record that wife had deserted husband for continuous..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Order that there shall be set off regarding the amount of maintenance received by wife under any other provision of law - No interference warranted in the impugned order...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 24 - - Wife and daughter are not staying with husband - Husband failed to produce any documentary evidence to establish that wife is a Government employee - He is not regular and is evading responsibility of making payment - Order of maintenance held, proper - Husband directed to clear all arrears of maintenance and continue to pay amount..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is duty bound to maintain his wife even during pendency of petition filed by him u/s 13 of Hindu Marriage Act in terms of S.24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband earning Rs.45,000 pm as his carry home salary - Wife on the other hand has no source of income to sustain herself - Even though husband has his parents and his sisters to look after, husband thus, duty bound to maintain his wife even during pendency of petition filed by him u/s 13 of Hindu Marriage..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband admitted that he is earning Rs.27 lacs p.a - Whereas, wife is earning Rs.6.4 lacs p.a - Court below rightly awarded Rs.20 lacs as a whole towards permanent alimony, as it would be befitting to status of wife, had she been living with her husband before decree of divorce was passed - No interference..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Not barred by constructive res judicata when in the first application wife had claimed only litigation expenses...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Applicability of constructive res judicata - In the earlier application wife demanded only litigation expense and there was no demand for interim maintenance - Demand of interim maintenance for herself and for child in the second application - Plea..........
Hindu Marriage Act, 1955, Section 13B, 24, Civil Procedure Code, 1908, Section 151, Constitution of India,1950, Article 227 -- Matrimonial dispute - Compromise u/s 13-B HMA - Non-adherence of compromise - Refund of amount of Rs.6 lakhs - Amount given to wife at the stage of first motion in petition u/s 13-B of HMA - However, wife not responded to stage of second motion -..........
