Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Recall of decree - Wife alleged consent obtained by fraud - Wife failing to prove the alleged fraud - Wife graduate and her brother an Advocate - Wife never complained about fraud played by husband to anyone in spite of having several opportunities - Wife might have decided to go for divorce by mutual..........
Hindu Marriage Act, 1955, Section 9, 13 -- Restitution of conjugal rights - Petition by husband - Counter claim of divorce by wife - Withdrawal of petition by husband - Held, withdrawal of original suit in which counter claim is filed does not render the counter claim infructuous - Court is required to proceed with the counter-claim and take the same to its logical..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Adultery charge against wife - Living in adultery sometime in past is not sufficient - It must be proved that wife is living in adultery continuously - Both parties living separately for more than a decade and there is no chance of their living together - Decree of divorce confirmed and permanent..........
Hindu Marriage Act, 1955, Section 24 -- Wife remarried after divorce - No relationship of husband and wife - Provision is applicable only if parties are husband and wife - As status of parties is not that of husband and wife as such wife is not entitled to maintenance...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiting period of six months - Petition u/s 13 by husband - Dismissal - Appeal against - During pendency of appeal parties compromised - Held, period of six months is to be counted from the date of petition filed u/s 13 of the Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Exparte divorce decree obtained by husband against wife - Claim for maintenance cannot be rejected...........
Hindu Marriage Act, 1955, Section 13 -- Desertion - Petition by husband for divorce - Wife alleged second marriage by husband - Second marriage not proved but sufficient material placed on record that husband carved matrimonial like relationship with another woman - Decree of divorce rightly refused...........
Criminal Procedure Code, 1973, Section 397, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 6 -- Revision against order passed by a Magistrate under Muslim Women (Protection of Rights on Divorce) Act is maintainable before Sessions Judge...........
Mahomedan Law -- Plea of Divorce and effective Talaq - Enumerated...........
Mahomedan Law -- 'Iddat' - Minor or woman not menstruating - Iddat period is three lunar months after divorce...........
