Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18(2)(f) -- Interim maintenance - Conversion to another religion - Not relevant for deciding application u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - While considering application u/s 24 of the Act, financial status of parties, his or her capability to maintain herself during pendency of matrimonial proceedings alone is required to be considered...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Persistent attempt of wife to constrain husband to be separated from his family - Amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Husband and wife living separately for more than 17 years - Wife ready to go back to matrimonial house provided husband lives separately from his mother - Demand of wife for separate house, not acceptable to husband, owing to responsibility of a son - No marital bondage remain..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - For constituting cruelty, nature of persistent reproaches, accusations and taunts has to be noticed which will entitle wronged party to seek divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - To be ascertained from attending circumstances and life which parties have led before approaching Court - If conduct of one spouse against his/her spouse is such that latter undergoes immense mental pain and suffering, making it impossible for him/her to continue living with the other spouse, then they cannot..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Divorce petition by husband - Allegations by wife that husband and his family members attempted to push her into prostitution and brother of her father-i, law has attempted to ravish her are of grave nature and attended with serious consequences that will have caused immense mental pain and agony to her..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Clean hands - Parties not approaching Court with clean hands - Failure to prove cruelty on application of principle of preponderance of probability - Dismissal of petition calls for no interference...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Collusion - One of the necessary pleadings in a petition for divorce is that parties are not colluding - Even if such statement is made in the plaint, it is duty of Court to be alert and assess the situation throughout the progress of the trial because in a given case, the party may not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of parties - After filing petition for divorce by mutual consent, parties developed an understanding whereafter husband remained absent from proceedings, coupled with the fact that wife never made any complaint to police or to elderly members of society regarding commission of..........
