Hindu Marriage Act, 1955, Section 24, 29(2), 4 -- Maintenance pendente lite - Cannot be granted when petition for restitution of conjugal rights itself is not maintainable - Parties dissolved marriage by customary divorce by executing Fharkhati Nama - Such custom valid and saved by S.29(2) of the Act - In an earlier proceedings, in 2005, it was held that there was no..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife made allegations of illicit intimacy of husband with his own sister-in-law thus harming the harmony in the family - All the members of family of husband residing in joint family and thus any such illicit conduct could not have been carried on without the knowledge of others - Held, allegations of illicit..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - All the three ingredients pleaded - Decree passed - Sought to be set aside on the ground of fraud and coercion as statement in Court was made under threat as daughter was in illegal confinement of husband - Petitioner had signed the divorce petition and petitioner did not make any complaint during the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Decree of divorce cannot be granted merely on the ground that parties are living away form each other for more than a decade and that there shall be no purpose served by retaining ties of marriage...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for one year before presentation of petition for divorce by mutual consent cannot be waived under S.14 Proviso - It is a mandatory requirement of the provision...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Proviso of S.14 which provides for the presentation of petition even before the lapse of a period of one year cannot be read into the provision of S.13-B(1) and both are independent of each other...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mandatory requirements of the provision are : (a) they have been living separately for a period of one year or more, (b) that they have not been able to live together (c) that they have mutually agreed that the marriage should be dissolved - Once these three conditions are satisfied then only the Court..........
Indian Penal Code, 1860, Section 191, 182, 209, 420, Criminal Procedure Code, 1973, Section 482 -- Respondent and petitioner, husband and wife - Petitioner got a criminal case registered against respondent u/ss 498-A, 406 and 506(ii) IPC - Respondent also filed a petition for divorce - Respondent filed private complaint u/ss 191, 182, 209 and 420 IPC against petitioner,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Husband sought divorce on ground of cruelty, alleging that she had filed false criminal complaint against him which constitutes mental cruelty - Reference to criminal complaint of wife shows no more than fact that when case came up for consideration before Sub Divisional Magistrate, wife was not even present and..........
Hindu Marriage Act, 1955, Section 13(1)(i)(b) -- Desertion - Husband sough divorce on ground of desertion, alleging that they remained away from each other for more than 20 years - Trial Court allowed petition assigning reason that wife had not herself filed petition for restitution of conjugal right, though husband had filed petition for restitution, but got it later..........
