Hindu Marriage Act, 1955, Section 9, 13 -- Wife remaining ex parte - Not a ground to grant a decree of divorce on the ground that she is not desirous to resume conjugal life - Wife remaining ex parte does not absolve husband to discharge the onus for making out a case for divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Nuptial knot cannot be allowed to be severed on the grounds/incidents/conduct which are ordinary wear and tear of matrimonial life...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Court to take cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner is subjected to mental cruelty due to conduct of the other...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - High Court has no jurisdiction to pass decree on that ground - Such order at most could be passed only by the Supreme Court in exercise of jurisdiction under Article 142 of the Constitution of India...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Petition supported by affidavits of both parties - Decree u/s 9 of the Act not complied with - Decree of divorce granted by waiving waiting period of six months...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Cannot be awarded when petitioner is awarded maintenance u/s 125 Cr.P.C. - Petitioner cannot get double maintenance for the same period...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Just after marriage wife started complaining against husband, his parents and his brother - Reason was to live separately - On failure of her attempt she left matrimonial home - FIR lodged u/s 498-A IPC as a result of which husband and his father has to remain in jail for 12 days -..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women from Domestic Violence Act, 2005, Section 20 -- Interim maintenance - Taking temporary job after separation or upon neglect of husband to maintain the wife - Cannot be termed as her `income' - It is merely an amount..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - It is open to one of the spouses to withdraw the consent given to the petition at any time before the Court passes a decree for divorce...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - During pendency of appeal against grant of decree of divorce on ground of cruelty parties praying for dissolution of marriage by mutual consent - Divorce by mutual consent can be granted by appellate court...........
