Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce - Condoning act of cruelty - Decree of divorce can be refused on ground of cruelty, if acts has been condoned by person who alleges cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce -Condoning act of cruelty - By staying under one roof, necessary presumption cannot be drawn of having physical relations - Evidence on record lacks credibility of their intimate relation as husband and wife - Finding of condoning cruelty, held, perverse and not sustainable and liable to be set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband - Mental cruelty - Husband and her sister roped in false criminal case which ultimately resulted into exoneration of all - This amounts to mental cruelty as such issue cannot be wiped out from mind of person who has been falsely implicated in criminal case - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce petition by husband - Desertion - Evidence on record establish that husband and wife not staying together for long duration or permanently - Statement of wife reveals that even after visit for certain days, she always came back to her parents house and never stayed continuously with her husband after August, 1998 -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False criminal case against husband filed by wife u/s 498-A IPC, in which he was discharged - Department of husband also conducted inquiry against husband on the complaints of wife, and thereafter exonerated him finding no truth in such complaints - Even false allegation also made..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately since 2006 and in all this duration, wife seems to have made no efforts to join company of husband - Rather act of wife of cleaning out the joint locker of parties shows an animus descendi - Divorce rightly granted...........
Special Marriage Act, 1954, Section 24 -- Annulment of marriage - Wife suffering from mental disorder - Report of Medical Board shows that wife is not suffering from any psychological disorder - There is no history to that effect either - Only husband stated that wife is suffering from mental disorder, which is not supported by cogent evidence - Wife had to suffer..........
Constitution of India, 1950, Article 226 -- Writ - Habeas corpus - Illegal detention - Court has not put any stamp on validity of marriage between petitioner and detenue - Alleged detenue is living with her parents, it does not mean that she is in their illegal custody...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of complaint - Offence u/ss 420, 406, 120-B IPC - Gold given at time of marriage to woman is her Istri Dhan and there is no question of breach of trust or cheating as married woman is absolute owner of Istri Dhan property and can deal it with any manner - Prima facie no..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Suit for recovery of money involving amount settled between parties, relating to marriage dispute - Jurisdiction of Civil Court - Suit cannot be treated as a simple suit for recovery of money rather Court undertaking such process is bound to take up question..........
