Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b), Criminal Procedure Code, 1973, Section 125 -- Child - Claim of maintenance from father after two years of divorce of mother - Benefit u/s 125 Cr.P.C. cannot be denied to a minor daughter because of any restrictive provision contained in Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Wife lived with husband in USA for 7-1/2 years - Husband obtained decree of divorce from superior court of New Jersey - Wife filed complaint in the court at Delhi under Domestic Violence Act - Besides husband, father-in-law, mother-in-law and brother-in-law also arrayed as respondents - Both the courts..........
Hindu Marriage Act, 1955, Section 13B -- With the efforts of Mediator, matter settled - Parties compromised - Petitioner agreed to pay a sum of Rs.40 lacs in full and final settlement of all claims - All cases pending between parties i.e. Criminal case, a case under Domestic Violence Act and a petition for maintenance u/s 125 Cr.P.C. quashed - Divorce by mutual consent..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Granted during pendency of divorce proceedings - Held, benefit of interim order cannot be taken after termination of matrimonial proceedings...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Not a ground for divorce - High Court in exercise of its inherent powers cannot grant divorce on ground of irretrievable breakdown of marriage...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground of cruelty and desertion - Trial Court decreed suit - In appeal parties compromised - Husband and wife both made a statement in Court that they now want to live together - Appeal is continuation of proceedings of the Courts below - Judgment and decree set aside - Appeal allowed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties living separately since 1993 - No plausible reason for the wife not to live with the husband - Bond of marriage not repairable which has been extensively damaged by passage of separation - Wife not ready to cohabit inspite of repeated efforts made by husband and his relatives - Love and affection from his or her..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband on ground of cruelty - Husband alleged that wife did not permit him to consummate marriage and any attempt made by him was resisted by her violently and ended up with her abusing him and that she insulted and humiliated him and his family members without any provocation - Held, unfounded suspicion,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Evidence Act, 1872, Section 3 -- Appreciation of evidence - Husband filed divorce petition on ground of cruelty, alleging that respondent wife did not permit him to consummate marriage and attempt made by him was resisted by her violently - Held, in a case where allegation is that marriage has not been consummated, it is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - One single instance, in isolation, is hardly sufficient for the dissolution of marriage on the ground of cruelty...........
