Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Incurable unsoundness of mind and mental disorder of wife - Petition by husband - Husband not living with wife most of the time - Only mother of husband was having company of wife for most of time - However, mother of husband not examined by husband - Other witnesses having no personal knowledge of mental illness of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Earlier marriage by husband - Non disclosure - Even if earlier marriage is annulled, non disclosure before entering into second marriage, amounts to cruelty - Divorce granted...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Property given to a Hindu woman at the time of her marriage is her `Stridhan property' - Title of it always remains with wife though possession may be with husband or other members of family - If husband or other members of his family commits an offence of breach of trust with regard to such stridhan they..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife admitting in cross examination that if husband had not filed petition for dissolution of marriage she would not have filed criminal complaint against husband - This only shows ill intention of wife to put husband behind bars and also to humiliate and harass him - Such act on part of wife definitely..........
Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of civil Court - Suit for declaration that defendant is not legally married wife of plaintiff - Civil suit for declaration is maintainable - Suit for declaration as to legal character which includes the matrimonial status of parties to a marriage when it comes to a marriage which..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib) -- Divorce - Adultery & desertion - Petition by husband - Wife left husband that too with one person, who alleged to be her cousin - Statements of Husband's witnesses also supported desertion and that wife lived with said person - Moreso, second child was born to wife after she left the company of her husband - No..........
Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18(3) -- Maintenance - Can be denied to lady who has become unchaste in terms of S.25 of 1955 Act and S.18(3) of 1956 Act...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Unchaste wife - Wife convicted and sentenced for murder of her own son in order to screen her illegitimate relationship with her paramour - Factum of wife being unchaste proved on record - Petition for divorce filed by husband only after conviction of wife, therefore, in such situation, provision in terms of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Cruel acts of wife already condoned by husband in order to resume marital life - But instead of honouring the same, husband ousted wife out of house when she tried to resume marital life - Husband having derived the benefit from compromise, cannot be granted another undeserving..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife had just and reasonable cause to reside separately from husband, as he was suspecting her character and was also treating her with cruelty for which she lodged FIR u/s 498-A IPC, which was later on compromised - Since there is no finding that FIR was false but parties entered..........
