Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
Criminal Procedure Code, 1973, Section 340, 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.379, 144) - Perjury - Proceedings u/s 125 Cr.P.C. - Merely because wife exaggerated the income of her husband in order to claim maintenance u/s 125 Cr.P.C., it does not mean that such a statement on the part of wife warrants action u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Merely because husband has certain familial obligations would not absolve him of his primary responsibility to maintain his legally wedded wife...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and minor son - Maintenance enhanced by Family Court from Rs.3500 to 8000 p.m in favour of wife and from Rs.1500 to 4,000 p.m in favour of minor son - Family Court appears to have exercised its discretion judiciously while determining enhanced amount of maintenance - Income of husband as stated to be..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Bickering that takes place between a husband and wife and more particularly during initial stage of marriage is a common phenomenon that invariably takes place in every marriage as such same cannot be projected as cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife hardly lived together for a couple of months and initial bickerings were not properly sorted out and both of them are living separately - Husband has not made out a case for cruelty either physical or mental - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Cause of action for filing divorce petition alone can be taken into consideration and what stand was taken in counter claim by wife will not create a new cause of action for husband to take advantage of same and make an attempt to establish ground of cruelty...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Held, considering salary of husband, professional qualifications and earning capacity of wife, maintenance reduced from Rs.18,000 to 12,000 p.m from date..........
Evidence Act, 1872, Section 45, 112 -- DNA test - Paternity of children - Divorce proceedings - Husband disputes the paternity of children in order to prove that wife is in adulteration - Children are not party to divorce proceedings and are not claiming any maintenance from father - In order to prove that wife is in adulteration, husband has to adduce evidence in any..........
