Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Deceased was married to accused 16/17 years ago and soon after marriage, she was subjected to torture and was admitted to hospital - Divorce proceedings was instituted by husband but on intervention of Court matter was reconciled and couple reunited but accused continued torture upon deceased -..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband in his evidence deposed about mental illness and imbalanced and irrational acts and behaviour of wife in the fit of illness - Wife however, denied this ground in toto - Even otherwise, if wife had been suffering from illness of schizophrenia, she would not have been able to do her..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband had lost his job in Qatar and subsequently shifted to India - Although, husband is presently employed but his salary calculated in INR is less than what he was drawing at the time when decree of divorce was passed - Husband has an old ailing mother living with him and he has to take care of her medical..........
Medical Termination of Pregnancy Act, 1971, Section 3(2)(b)(i) -- Termination of pregnancy of victim of domestic violence - Petitioner is a victim of domestic violence for which she has initiated appropriate proceedings under PWDV Act - She is also seeking divorce from her husband - Husband of petitioner indicated that he would not share the burden of raising the child -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Application by husband to refer both the parties for medical examination for purpose of proving whether marriage was consummated or not - Wife had not sought any declaration seeking dissolution of marriage on the ground of impotency of husband - Marriage between parties conducted nearly about 6 years back and after such a..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Application for medical test of wife filed by husband - Family Court has power to direct a party to appear before a medical board to undergo medical examination if Court is satisfied that a real ground exists to direct a party in case before it to undergo medical examination - Question of..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Application for medical test of wife filed by husband - Factum of wife's alleged mental disorder is an issue to be decided in case itself - Opinion of medical board regarding mental condition of wife may be of utmost importance for granting or rejecting a prayer for decree of divorce - Even..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenia as alleged by husband - However, husband failed to examine doctors to support his case - Medical documents produced on record do not indicate that wife was suffering from schizophrenia - Husband thus, miserably failed to prove that wife was suffering from..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder - Wife suffering from schizophrenia - Husband failed to prove that wife was suffering from disease of schizophrenia and same was not curable - Though medical document as to mental illness of wife exhibited by husband but he failed to produce any expert medical evidence to prove said document - Mere..........
