Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife on ground of cruelty - Plaintiff has to succeed on his/her strength and not on witnesses of defendant...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband stated that they were residing together till the filing of divorce petition - Wife deserted him stands belied by his own version - Husband has not made out ground of desertion - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Sweeping and general statement made by husband that wife behaved in a cruel manner and she used to pick up quarrels with him and his relatives - Husband could not establish any acts of cruelty on the part of wife - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband has already remarried - Parties stayed together for only about two months after the marriage and have no intention to continue their marital relationship - Marriage between wife and husband has evidently broken down irretrievably - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has multiple sources of income including rental income - Considering total facts and circumstances of case, financial status of parties, their standards of living, fact that husband has already remarried and also bears the financial responsibility of his new family, amount of Rs.10,00,000 as one-time..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness/doctor - Divorce proceedings - Application to summon witness was filed by applicant on the same day when applicant's evidence was closed - Therefore, finding of Family Court that application was delayed seems to be erroneous - Further, application to summon doctor is relevant for the reason..........
Hindu Marriage Act, 1955, Section 5 -- Marriage - Marriage between a Hindu with non Hindu, be it Muslim or Christian or any other religion, as per Hindu customs and rites is not valid under Hindu Marriage Act and same is void - Said marriage is possible only either under Christian Marriage Act or under Special Marriage Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - When marriage has broken down irretrievably and parties are living separately for the last more than 11 years and there is no chance of reconciliation and reunion, six months statutory period is allowed to be waived - Marriage between parties dissolved u/s 13-B of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lodged FIR u/s 498-A IPC against husband and his family members - Husband acquitted by trial Court - Parties are living separately since long - Wife not only deserted husband but also committed mental cruelty upon husband - Husband is entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 28 -- Divorce petition by husband - Appeal against dismissal of petition - Arrears of maintenance not paid by husband - Appeal dismissed for non-payment of arrears of maintenance...........
