Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Requirement of maintenance stands not only in the absence of income but also on the inability to earn, due to genuine and compelling circumstances...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband, even if employed on a contractual basis, cannot shirk his statutory responsibility under the pretext of financial liabilities voluntarily undertaken...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is suffering from a medical condition and is simultaneously responsible for the care and upbringing of minor child born out of the wedlock - Physical, emotional, and financial responsibilities, coupled with the burden of single-handedly raising a child, particularly while managing one's own health..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12 -- Shared household - House in question is matrimonial home of wife wherein after her marriage she was residing with her husband and children - Wife is in domestic relationship with respondents/in-laws as defined in S.2(f) of PWDV Act - After the death of her husband, respondents subjected her to cruelty..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Cooling period - Not mandatory but directory - When there is no possibility of parties resuming cohabitation, cooling period is to be waived...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Marriage between parties was of 20 to 25 years old but no previous complaint over any incident of torture found - Though second marriage of husband of deceased is admitted but both of them were living under same roof - No case has been make out that on account of such second marriage, deceased had to return to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304B, 498A, 306, 35 -- Bail - Dowry death - Deceased died under unnatural circumstances within approximately five years of her marriage - Allegations of dowry harassment are specifically tied to claim that applicant pressurized deceased to arrange funds for the payment of car..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property was transferred in favour of two daughters - After marriage of one daughter/petitioner, land in question remained in possession of other sister and her husband, with whom senior citizen is residing - Petitioner, who moved to her matrimonial house after..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife admitted that she tried to commit suicide which would amount to mental cruelty caused to husband - Husband has proved that there is reasonable excuse for him to withdraw from society of wife on the ground that she has tried to commit suicide and there are defamatory posters..........
