Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation and divorce - Distinction - In case of judicial separation, marriage between parties is put under suspended animation while residing separately without any conjugal rights over the other - In case of divorce marital ties get snapped - Judicial separation offers opportunity to parties to reconcile their..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Grant of permission to adduce additional evidence - Suit for declaration and injunction declaring that respondents are not wife and children respectively - Suit decreed partly - Appeal against, filed by respondents - While appeal was posted for judgment two applications were filed by respondents under S.151, one..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Rape of wife - Not a ground of divorce - Husband cannot claim cruelty because he has to live with a rape victim...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty contemplated as a ground of divorce under the Act is conduct of such type that petitioner cannot reasonably be expected to live with the respondent...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Wife after taking divorce agreeing to stay separately and giving up her claim of maintenance - Held, wife is not entitled to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Document of divorce not proved - Maintenance allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband on ground of cruelty - Wife lodged FIR u/ss 498-A and 323 IPC against husband - Husband acquitted - Husband did not initiate proceedings for malicious prosecution against wife - Held, merely because wife was not able to prove her allegations beyond a reasonable doubt so as to warrant the conviction..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband - Husband assaulted by brothers of wife, maternal uncle and mother - FIR registered u/ss 323 and 506 IPC - All convicted and fined - There was no allegation against wife - Held, the effect of actions of relations of wife cannot fall on wife...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition by husband - Cruelty and desertion - Once it is held that wife has not treated the husband with cruelty husband is not entitled to seek dissolution of marriage on ground of desertion - Wife given severe beatings and turned out of matrimonial home - Wife still ready and willing to reside with the husband - No animus..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Desertion - Wife given severe beatings and turned out of matrimonial home - Wife ready and willing to reside with the husband - There is no animus deserandi on the part of wife - It is husband who has created such circumstances so as to force wife to leave the matrimonial home - Husband is not entitled to decree of divorce on..........
