Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Marriage between parties took place during subsistence of wife's first marriage - Marriage held to be null and void being solemnized in contravention of Ss.11, 5(i) of the Act - However, husband directed to pay Rs.7 lakhs to child born out of wedlock of parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty and misbehavior levelled against wife are vague in nature - Husband failed to refer any particular incident much less specific date to show that wife had misbehaved with him and his parents or inflicted such immeasurable agony on them so as to compel him to resort to extreme step of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left the company of husband in Jan 2002 - Petition u/s 13 of the Act filed in Oct 2003 i.e within 2 years of alleged date of incident - Essential ingredient to attract dissolution of marriage u/s 13(1)(ib) of the Act not made out - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - No evidence led by husband that a decree of conjugal rights could be passed in his favour yet trial Court proceeded to grant a decree for restitution of conjugal rights - Even issues were not framed, which assumes significance especially when wife had not even admitted claim of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Status of a mother in a child`s life - Cannot even be substituted by biological father...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Petition by husband - Remarriage of wife - Minor girl outrightly refused to live with her father and rather, she broke down and stated that she would not be able to live without her mother - Even, there is nothing to infer or show that she was being neglected or was unhappily living with her mother..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Petition by husband - Remarriage of wife - Plea of husband that at the time of obtaining decree of divorce by mutual consent it had been mutually agreed upon by both the parties that in eventuality of wife remarrying, husband would be entitled to seek custody of minor child - However, said fact is..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Any child specially at a tender age needs constant nurturing and guidance of none other than her biological mother with whom she has shared incomparable and inexplicable bond right from security of womb to the times she was brought into this world and thereafter thus, status of a mother in a child`s..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Petition by husband - Remarriage of wife - Allegations of neglect by wife are totally vague and not supported by any shred of evidence - Even, it would be very unfair and traumatic to uproot minor child from custody of mother and force her to start living against her wishes with father who had..........
