Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband directly seek DNA examination without first discharging burden of rebutting presumption of legitimacy, which is not countenanced in law - Permitting such a course would render protection u/s 112 of the Act invalid...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
Hindu Marriage Act, 1955, Section 13, 9 -- Dismissal of divorce petition and decretal of counter claim of restitution of conjugal rights - Single appeal against two distinct reliefs not maintainable even though common judgment is passed considering the fact that issues involved are common and it was between same parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Bickering that takes place between a husband and wife and more particularly during initial stage of marriage is a common phenomenon that invariably takes place in every marriage as such same cannot be projected as cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife hardly lived together for a couple of months and initial bickerings were not properly sorted out and both of them are living separately - Husband has not made out a case for cruelty either physical or mental - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Cause of action for filing divorce petition alone can be taken into consideration and what stand was taken in counter claim by wife will not create a new cause of action for husband to take advantage of same and make an attempt to establish ground of cruelty...........
Evidence Act, 1872, Section 45, 112 -- DNA test - Paternity of children - Divorce proceedings - Husband disputes the paternity of children in order to prove that wife is in adulteration - Children are not party to divorce proceedings and are not claiming any maintenance from father - In order to prove that wife is in adulteration, husband has to adduce evidence in any..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Statutory period of one year prescribed u/s 14 of the Act waived as parties lived together only for about seven days after marriage and thereafter separated - Marriage remained unconsummated and there are no children from wedlock - Both the parties have..........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
