Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Husband suffering from incurable disease - No evidence on record qua nature of ailment with which husband was suffering - Even there is no evidence to prove that husband is suffering from any incurable disease - Both husband and wife lived in the company of each other for 3 years after their marriage - Husband held,..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Court while deciding the application for grant of maintenance pendente lite and expenses of the proceedings, is required to assess the income sufficient for the wife or the husband for their support having regard the income of the husband and the income of the wife and thereafter the Court may pass an..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower - However, evidence on record shows that..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Quantum of sentence - Accused not a previous convict and not involved in any other criminal case - He claims to have purchased a house in the name of prosecutrix - Prosecutrix not presented true facts regarding the financial assistance provided to her by accused before lodging FIR - Though custody..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13(1)(ia), 12(1)(c) -- Amendment of plaint - Divorce petition - Ground of cruelty by wife - Husband through proposed amendment seeks relief for grant of decree of annulment of marriage as main relief and decree of divorce as an alternative relief - Apparently the relief for annulment of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife exhibited her wickedness by subjecting husband who is daily wage labourer, to repeated criminal cases and her vileness by compromising after receiving substantial sum of Rs.3 lakhs from husband - Act of wife in filing divorce petition and withdrawing same..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Transfer of case - Transfer of case is not always a solution acceptable to both the parties - It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife along with her minor daughter living at Hyderabad - Divorce petition filed at Jabalpur by husband - It is inconvenient for wife to undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child - Case transferred from..........
