Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Wife suffering from mental illness - Merely branding a spouse as a schizophrenic is not sufficient - It must be such that other spouse cannot reasonably be expected to live with the other - Husband, failed to prove mental illness of wife either by documentary evidence or by oral evidence - Ground of divorce not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Confession of wife before husband that she conceived before marriage and repeated threats to commit suicide - Constitute mental cruelty - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Suit for divorce filed in the year 1993, when wife was 23 years of age - Wife is at present 47 years - Salary of husband Rs.41,203/- - Held, considering age and status of husband, ends of justice would be better served, if an amount of Rs.12,36,000 (i.e. 25% of salary x 12 x 10) is granted to wife towards..........
Civil Procedure Code, 1908, Section 13(a), 14 -- Divorce - Judgment of foreign Court - Both spouses Indian citizens - Marriage of parties was solemnized in India with Hindu Vedic Rights - Subsequently they moved to Dubai but wife returned to India with her children - Both spouses are not domicile of Dubai or permanent residents of Dubai - In absence of averments and..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Domestic violence - Maintenance to wife and her minor daughter - Validity of marriage - Court dealing with complaint u/s 12 of the Act is not competent to decide validity of any marriage between parties, which could only be done by competent Court in an appropriate proceedings - Since wife..........
Family Courts Act, 1984, Section 9, Hindu Marriage Act, 1955, Section 22, 23(2), 23(3), Civil Procedure Code, 1908, Order 32A, Rule 2, 3, 4 -- Conciliation, reconciliation, mediation - Meaning and distinction - Reconciliation is not mediation - Neither it is conciliation - No doubt, there is conciliation in reconciliation - But concepts are totally different - Similarly,..........
Family Courts Act, 1984, Section 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 23(2), 23(3), Civil Procedure Code, 1908, Order 32A, Rule 2, 3, 4 -- Settlement - To what extent confidence and confidentiality will be safeguarded and protected in video conferencing, particularly when efforts are taken by counselors, welfare experts and for that matter court itself for..........
Prohibition of Child Marriage Restraint Act, 2006, Section 10, 11, Criminal Procedure Code, 1973, Section 482 -- Child marriage - Quashing of FIR - No allegation that petitioners either solemnized marriage of their children or promoted solemnization of marriage of their children - Rather, petitioners were protesting against marriage of their children - Both the children..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Appeal against acquittal - Evidence on record reveals that there was demand of dowry in form of gold and property and because of that accused used to beat, ill-treat and harass the deceased - Further progression of events, just prior to marriage till unnatural death of..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Once prosecution establishes that within 7 years of marriage deceased has died unnatural death and she was subjected to cruelty and harassment by her husband or accused persons on account of demand of dowry or property, then legislative mandate of drawing statutory..........
