Limitation Act, 1963, Section 5, Hindu Marriage Act, 1955, Section 13 -- Condonation of delay - Delay of 166 days in filing appeal against ex parte decree of divorce - Husband solemnized second marriage after getting decree of divorce and at the time of second marriage no appeal was preferred by wife - Delay condonation application filed by wife along with appeal had..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere filing of petition for maintenance and other reliefs under Protection of Women from Domestic Violence Act, is not sufficient to infer that there was an animus and factum of desertion on the part of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife is residing in her parental home, as husband very often assaulted wife and he sent her out from matrimonial home - There is no chance of union - Wife pleaded that there is threat to her life and because of such misbehavior and cruelty, it would be difficult for her to stay with..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and sexual assault - Compromise - Victim solemnized marriage with accused - Though marriage between parties do not satisfy the age criterion as laid down u/s 5 of Hindu Marriage Act, but such a marriage would..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Marriage of parties was solemnized on 29.4.2008 and both the parties are living separately since 7.5.2008 - There is more than 16 years separation between the parties and there is no child from this marriage - Marriage between parties is a dead marriage - If both the parties are not granted divorce, it will amount to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have not lived together for more than 43 days - Wife left matrimonial house within first month of marriage - Period of separation has been more than 22 years - Mediation and conciliation proceedings have failed - Parties have fought multiple legal battles against each other..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - At the time of deciding application u/s 24 of the Act merit of the case is not seen - Only point for consideration at the time of deciding the interim maintenance application is whether wife is having source of earnings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife earned Rs.60,000 pm as per her ITR - However, husband earns Rs.9 lakhs per month - Considering the documents of income of both the parties, trial Court has committed error in not giving any amount of interim maintenance to wife - Husband directed to pay a sum of Rs.1,00,000 pm as interim maintenance..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties have been residing separately since 2008 - Wife did not resume co-habitation despite decree of restitution of conjugal rights passed against her in 2013 till date of filing of divorce petition - It is not her case that any events happened after passing of decree for..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Wife remained devoted to marriage to the extent she continues to take care of husband's aged mother even after husband had gone out for reason of job taken by him in another district - Marriage between parties thus, not irretrievably broken down, as faith and hope in the marriage has..........
