Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights by wife - Ground of cruelty not established by husband - Husband abandoned wife without sufficient cause - Since husband left matrimonial home without sufficient cause, Family Court rightly ordered restitution of conjugal rights in favour of wife -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Concealment of fact regarding earlier marriage by wife not necessary for considering application - For deciding application Court is to decide as to whether party seeking maintenance pendente lite and expenses requires it...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - Wife made counter allegations that it was husband and his mother who on almost every day used to torture her mentally and forced her to leave matrimonial house - Both husband and wife are living separately since 2019 and initiatives taken for reconstructing..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery - Desertion - Petition by husband - Petition filed against wife on the ground of voluntary sexual intercourse with a person other than her spouse and desertion - However, wife on other hand alleged that after two months of marriage, she discovered husband in a compromising position with his step..........
Hindu Marriage Act, 1955, Section 27 -- Streedhan - Return of streedhan is an issue to be determined at trial in a proceeding under the Act and not independently on an application made u/s 27 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Computation of income of spouse - While computing income of a spouse for purpose of determining quantum of maintenance under matrimonial statutes, only statutory and mandatory deductions such as income tax and compulsory contributions to provident fund or similar schemes, are to be considered as..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Computation of income of spouse - Deductions - Deductions such as house rent, electricity charges, repayment of personal loans, premiums towards life insurance, or EMIs for voluntary borrowings do not qualify as legitimate deductions for this purpose - These are considered to be voluntary financial..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Computation of income of spouse - Maintenance is not to be assessed based on the net income after personal deductions, but rather on the "free income" that reflects the actual earning capacity and standard of living of the party concerned...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim for maintenance u/s 24 of the Act is not defeated merely because the applicant is educated or theoretically capable of earning...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Requirement of maintenance stands not only in the absence of income but also on the inability to earn, due to genuine and compelling circumstances...........
