Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband failed to produce on record any cogent and reliable evidence that wife deserted him without any valid reason - More so, Family Court in petition u/s 18 of Hindu Adoption and Maintenance Act specifically held that husband treated wife with cruelty and thus, she had justifiable..........
Hindu Marriage Act, 1955, Section 12, 5 -- Voidable marriage - Age of husband was less than 21 years on the date of marriage and he was not of marriageable age - Wife on the other hand is major - Marriage between parties is not null and void - At the most marriage would be a voidable marriage as per S.12 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - To constitute mental cruelty, allegations if contained in written document presented to a competent authority have to be of kind which are akin to a defamatory statement...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Suspicious nature of wife towards husband - Husband alleges that his wife quarreling with him on trivial issues and pressuring him not to keep any female staff in his office - However, from last 5-6 years husband not employed any female employee in his office - Setting for cause of mental cruelty as..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of dowry demand resulting in prosecution of husband and his family members - Amounts to cruelty - Decree of divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Pleading by wife in written statement that she be awarded permanent alimony can be treated as an application filed for permanent alimony - But since substantive mandate of law as per S.25 of the Act has not been followed by Family Court, as no discussion of income of parties and properties if any held by them, no,..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - S.25 of the Act, permits a spouse to file an application u/s 25 of the Act, at the time of passing of any decree or subsequent thereto...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife gave birth to child in her parental house as per family tradition - Husband annoyed with wife and her family members that they had not intimated him properly about child and refused to take back wife - However, evidence on record shows that parents of wife informed husband about..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Husband never attempted to provide shelter, maintenance charges or medical expenditure to his wife and son - He made baseless questions with regard to paternity of his own son to save himself from ability to maintain his own child - This conduct of husband cannot be ignored which..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Transcripts of conversation between husband and wife filed by husband - It appears from transcripts that husband tactfully wants to implicate his wife for defaults and on the other hand he tried to save himself - Conversation also indicate that wife wants to ignore their past..........
