Special Marriage Act, 1954, Section 5 -- Notice of intended marriage - Petitioner was married earlier and took a divorce in UK Court, as he is a British citizen - He wanted to remarry and hence submitted a notice of intended marriage under the Act - Grievance of petitioner is that marriage officer/respondent is not acting upon notice - Direction issued to respondent to..........
Family Courts Act, 1984, Section 7 -- Suit for declaration that marriage is void - Husband filed a suit against his wife that she performed Hindu marriage with respondent no.2 whereas she is Muslim by religion - No case of husband that wife had converted to Hinduism by giving up Muslim religion - Marriage between a Hindu and Muslim could be performed only under Special..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Right to claim maintenance and expenses during pendency of proceedings under the Act is a special right bestowed on disadvantageous spouse, irrespective of result of main relief u/s 13 of Hindu Marriage Act...........
Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage can be a ground for annulment of marriage...........
Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage - None of parties are willing to cohabit and there was no independent evidence of husband to show that marriage was consummated - Parties are living separately for almost 10 years and husband did not file any application for restitution of conjugal rights - More so,..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Dictum laid down by Apex Court in Amardeep Singh case in the context of S.13-B of Hindu Marriage Act is applicable to a petition for divorce filed u/s 28 of Special Marriage Act and on satisfaction of conditions laid down in that decision, Family Court can waive..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have genuinely settled their disputes in mediation - They have consented for a decree of divorce by mutual consent - Since 2016 parties are living separately and cooling period of six months will only prolong their agony - Statutory period of six months..........
Special Marriage Act, 1954, Section 12(2), Information Technology Act, 2000, Section 6 -- Registering authority under the Special Marriage Act cannot refuse solemnisation of marriage online...........
Special Marriage Act, 1954, Section 37(2) -- Maintenance to wife - Enhancement of - It is permissible for Court to grant enhancement of maintenance on changed circumstances - Changed circumstance need not be that wife should narrate every circumstance or her living, manner of living or explicit details for enhanced maintenance...........
Special Marriage Act, 1954, Section 37(2) -- Maintenance to wife - Enhancement of - Maintenance @ Rs.10,000 p.m granted to wife six years ago - Changed circumstance in the case would be passage of time and cost of living - Husband earns Rs.1.5 lakhs to Rs.2 lakhs a months - Maintenance enhanced from Rs.10,000/- to Rs.20,000/- p.m from date of filing application...........
