Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Petitioner shall prima facie establish by leading evidence that there is material to hold that medical examination of spouse is necessary to determine whether he/she suffers from requisite degree of unsoundness of mind or whether same is incurable...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Statutory mandate u/s 25 of the Act requires Court to account not merely for current income but also for earning capacity, financial security and future prospects of parties...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Majority and earning capacity of sons, though legally relevant, does not substantially dilute wife's entitlement u/s 25 of the Act...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Salary of husband is admittedly in the range of Rs.2 Lakhs p.m. - Nature of his professional qualification further indicates a high and progressive earning potential, which is a relevant consideration u/s 25 of the Act - No cogent evidence of stable or sufficient income enabling wife to maintain herself at a..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - If property is inherited by a female Hindu from her father or mother in absence of any of child, property of deceased shall go to legal heirs of father - Husband will not get any right over property inherited by her from her father...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
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...........
