Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately for more than 14 years - Such prolonged separation leads to irresistible conclusion of irretrievable breakdown of marriage - Husband failed to financially support his wife and daughter despite orders of Court - Continuation of marriage would amount to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife though by birth is a Muslim but by conduct has clearly demonstrated that she has converted to Hindu faith - Mere absence of any ceremony cannot be a ground to dismiss application for divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Petitioners have invoked the provisions under Hindu Marriage Act, conscious of fact that they are only professing Hindu religion - There was absolutely no necessity for Court to conduct any roving enquiry in such circumstances, merely because wife's name continues to be her original..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife by express conduct, by participating in marriage solemnization in accordance with Hindu rights and customs and also approaching Family Court invoking the provisions of Hindu Marriage Act has sufficiently shown that she has converted herself to Hindu faith - Petitioners have decided..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Live-in-relationship or relationship in the nature of marriage -- Following relationship have not been recognized or approved as live-in relationship or relationship in the nature of marriage - However, list is not exhaustive but merely illustrative : (i) Concubine cannot maintain relationship in the nature of marriage; (ii) Polygamy, that is a relationship or practice of..........
Civil Procedure Code, 1908, Section 60(1)(g) -- Exemption from attachment - Retirement benefits - Right of a wife or a minor child to maintenance supersedes the employee's right to claim exemption u/s 60(1)(g) CPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - No particular incident of cruelty has been proved by husband - Allegations were sweeping in nature and devoid of specific details - Even the allegation that wife refused reconciliation on specific dates remains unsubstantiated because no witness who was present on those..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of about 25% of net salary of husband - Order challenged on the ground that wife herself deserted husband - Unless husband is able to get a declaration in his favour in Matrimonial Case filed u/s 9 of Hindu Marriage Act and wife fails to justify her desertion, any challenge to maintenance order is..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings...........
