Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No evidence on record that parties lived separately for a period of more than two years before institution of proceedings - Plea of desertion is no longer available to husband for grant of decree of divorce - Even otherwise, there is nothing on record suggestive of fact that wife ever intended to..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife left matrimonial home with sufficient cause - Conviction of husband and his parents in criminal proceedings is sufficient to counter plea of desertion on the part of wife - Moreover, there is unnecessary and improper delay in instituting the proceedings,..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12, Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Limitation - Domestic violence in the form of `economic abuse' continued even after divorce on a day to day basis and proceedings u/s 12 of the Act cannot therefore be said to be time barred on that score...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife remained in the company of husband for few months and thereafter she went to her parents house and refused to come back - Wife joined husband in proceedings u/s 9 of the Act and again left his company without any cogent reason - Husband always ready and willing to keep the wife with him - It is the..........
Evidence Act, 1872, Section 41 -- Relevancy of judgment - Matrimonial dispute - Decree for divorce on the ground of adultery granted by civil Court is relevant for deciding an issue of adultery in maintenance proceedings u/s 125 Cr.P.C...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False case - Husband alleges that wife got registered a false case u/ss 107/151 Cr.P.C. against him - However, husband admitted that wife also moved an application before DC for her rehabilitation in her matrimonial home - Under those circumstances proceedings u/ss 107/151 Cr.P.C. had taken place,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband alleges that conduct of wife is cruel against him - Although evidence on record shows that it was husband who has been cruel and abusive towards wife - Wife filed a petition u/s 125 Cr.P.C. which was pending at the time of present petition and husband despite of being fully aware of it, opted to..........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Parties came to an amicable settlement during pendency of appeal filed against dismissal of petition u/s 482 Cr.P.C. for quashing criminal proceeding initiated by wife - An amount of Rs.15/- lacs was agreed to be paid by husband to wife towards alimony, maintenance (Past, present and future) - Rs.5..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Petition u/s 125 Cr.P.C. - Parallel proceedings - Maintainability - Divorced Muslim wife initiated proceedings for maintenance under provisions of Muslim Women Act and Domestic..........
