Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Application filed by wife for psychological test of husband - Wife contended that husband is having psychological dysfunction in sex - However, marriage between parties consummated, which is evidenced by fact that female child is born out of wedlock - Merely because article which is sent by e-mail by..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Husband working as Reader and earning more than Rs.2,50,000 p.m - Husband directed to pay maintenance of Rs.50,000/- per month to wife and Rs.25,000/- per month to the minor child...........
Hindu Minority and Guardianship Act, 1956, Section 6, Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 7 -- Custody of child to mother - Visitation rights given to father - Mother disobeyed said order and does not allow father to take child along with him - Prima facie Contempt of Court is made out against mother - However, no coercive steps are..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - To get relief it has to be alleged and proved that certain material fact relating to mental illness of respondent was suppressed and consent obtained by fraud by suppressing such material fact relating to respondent and in case it was disclosed earlier, he would not have given consent for the same - It is not..........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 101, 102 -- Annulment of marriage - Suppression of mental illness of wife - Burden of proof - It is on the wife that her mental illness was disclosed to husband and with that knowledge he agreed for alliance and thereafter he condoned the same and started residing with wife as husband and wife...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Suppression of mental illness of wife - Husband came to know about suppression of mental illness of wife within 5 months of marriage - He left the house and immediately filed petition for annulment of marriage - Evidence on record that wife was suffering from mental illness prior to her marriage and had..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid - Said specific averments not denied by..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim by husband - Can be treated only in exceptional cases as normally he has got the liability or obligation to maintain wife and vice versa is only exceptional...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim by husband - It is not a normal practice of husband applying for maintenance from the wife who is employed though he is capable of maintaining himself by doing some work...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim by husband - Idleness of husband - No evidence adduced to show that in spite of efforts husband could not get any employment - If such an attitude is taken by Courts, then idleness of husbands will be promoted and they will be tempted not to do any work and depend on the wife for their livelihood,..........
