Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition filed by wife - Petition u/s 9 of the Act filed by husband - Wife had left her marital house as per her own accord, without any pressure or any reasonable sufficient cause, which have been admitted in her cross-examination - Allegations of cruelty, demand of dowry, physical violence as well as her desertion from..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Compelling the wife to discontinue her studies or creating such an atmosphere that she is put in a position not to continue her studies is equivalent to destroy her dreams in the beginning of their marital life and forcing her to live with a person who is neither educated nor eager to improve himself..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Word "has treated" denotes a conscious action on the part of respondents where the act of cruelty is established - It is not necessary to establish that respondent had the requisite intention to commit the act...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition and petition for custody of child - Both the parties have filed rival guardianship petitions which are still pending and they are being pursued by parties - Mere fact that FIR has been got registered by husband against brother of wife, solely taking place of such single incident, does not ipso facto..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
Registration Act, 1908, Section 17(2)(vi) -- Divorce proceedings - Compromise - Flat in joint ownership of parties - Husband agreed to relinquish his rights over flat in question and wife also agreed to divorce by mutual consent without demanding any alimony from husband - Registration of flat in the exclusive name of wife would be exempted from payment of stamp duty...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately along with child aged about 3 years at her parents house - Distance between the place where wife is residing to the place where divorce petition is filed is 100 kms - It is very difficult for wife to travel for such a distance - Divorce petition transferred from Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to get maintenance from her husband during subsistence of her marriage u/s 125 Cr.P.C, if she is unable to maintain herself - Even after divorce, she is entitled to get maintenance from her former husband u/s 125 Cr.P.C. if she is unable to maintain herself despite payment of..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband filed divorce petition and raised question of paternity of child - Case of husband is based on pre-marital pregnancy of wife - Even on perusal of dates, there is prima facie reason to suspect the paternity - Issue can be resolved by directing to conduct DNA test as prayed -..........
