Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- Aggrieved person - Include a divorcee wife so far it concerns to her claim which are related to and are connected with marriage, which has been dissolved by a decree of divorce...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Complaint under PWDV Act at the instance of divorcee wife is maintainable, so far it relates to divorced husband for lawful responsibilities arising out of marriage that existed between them at one point of time...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Divorce petition by husband - Wife alleged that husband is having illicit relation with her nani and other females - It is a serious aspersion on character of person and on his background - Such kind of allegations without any reliable evidence either by spoken words or in writing amounts to mental cruelty -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Divorce petition by husband - Wife left matrimonial home on 26.07.1986 i.e. almost after two years of marriage and application for divorce filed in year 2007 - Admittedly wife is living separately from last 21 years without any justification - Ground of desertion is proved by pleadings and evidence on record -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Except Supreme Court, this power is not available to any other Court, including High Court...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 419, 420, 465, 468, 471 -- Decree of divorce by mutual consent obtained by producing a lady other than wife - Anticipatory bail application by father in law of complainant - He is retired government servant and living separately from his son - Neither FIR reveals direct allegations against..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Three Claimants - Minor brother of deceased was discarded by Tribunal on ground that he was not held to be dependant - Wife of deceased was negated on ground that she was entitled last pay salary of deceased and thereafter, family pension, but she contracted second marriage and was living happily in her new family -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Depriving wife from her right to live with her husband to shower her love and affection and in turn to receive the same - Amounts to mental cruelty upon wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Failure to take wife by husband to place of his service on false plea of no, availability of official accommodation, amounts to mental cruelty to wife, particularly when wife wanted to live along with her husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband issued notice u/s 9 of Hindu Marriage Act, which shows that he forgotten all act of misbehavior of wife - Moreover, both husband and wife desired to stay together and husband stated that he is willing to spend her matrimonial life with wife - Marriage cord has not yet broken..........
