Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband as well as his parents, as allegation not proved, in FIR u/ss 406/498 IPC lodged by wife - Husband as also his parents suffered loss of image as a consequence thereof - There is clear inference of cruelty inflicted at the hands of wife upon husband as also his parents - Divorce granted...........
Hindu Marriage Act, 1955, Section 25(2) -- Permanent alimony - Enhancement - Agreement qua payment of amount to wife as maintenance allowance in terms of divorce deed, cannot be treated as estoppel against wife for seeking enhancement of amount of alimony in changed circumstances...........
Hindu Marriage Act, 1955, Section 25(2) -- Permanent alimony - Enhancement of - Payment of Rs.450 p.m was settled between parties to be paid as maintenance to wife by husband in terms of divorce deed - Said agreement qua payment towards maintenance allowance does not come in the way of wife seeking further enhancement in changed circumstances - Since husband is getting a..........
Hindu Marriage Act, 1955, Section 13, 9 -- Decree of divorce and dismissal of petition for restitution of conjugal rights - Appeal thereagainst - Consent order was passed pursuant to mediation between parties - Husband not interested in pursuing appeal subject to condition that criminal case filed by wife against him is quashed - Continuation of criminal proceedings would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Charge of adultery is serious charge and if not proved would constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Withdrawal from consortium without a cause is an act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion by wife - Evidence on record establishes two acts of cruelty by wife; first leveling false allegations of adultery and the second allegation of harassing wife on account of dowry demand - More so, reason to withdraw from consortium as projected by wife is also false - Even otherwise,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Having an affair during subsistence of marriage by either of spouse amounts to cruelty to the other...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband involved in an extra marital affair - Wife asking for share in his property just to secure the future of her neglected child - Does not amount to cruelty upon husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mother/sister of husband discharged in FIR lodged by wife u/ss 498-A, 406 IPC - It cannot be said that such discharge amounts to cruelty to husband - It is not enough for grant of divorce in favour of husband, particularly when said FIR was pending against husband...........
