Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself admitted that he left the house of wife and children in the year 2002 and since then he has been living separately in a rented quarter - Desertion is therefore, by husband, not by wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that attitude of wife towards husband is hostile, as he could not fulfill her demand for luxuries - However, husband failed to give any specific instance of demand of luxury by wife - As regrading allegation that wife did not willfully allow husband to perform sexual..........
Hindu Marriage Act, 1955, Section 13, Indian Penal Code, 1860, Section 497, Evidence Act, 1872, Section 3, 103 -- Divorce - On ground of adultery - Proof of - Law does not postulate direct proof of adultery rather circumstantial evidence which would lead a reasonable and just man to the conclusion of adultery is sufficient...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce on ground of adultery - Impleadment of adulterer - Is necessary to allow him an opportunity to defend himself against the allegations levelled and to vindicate himself - But if the adulterer has already been examined as a witness giving him sufficient opportunity to extenuate..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased committed suicide within seven years of her marriage - Cause of death could not be ascertained - Soon after marriage she was subjected to demand of dowry specially the scooter - Bald statements on record that deceased was beaten for dowry - These allegations may be enough to constitute..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by consuming acid - Appeal against acquittal - No uniformity as regards evidence led by near relatives of deceased as to allegation of dowry demand and ill treatment - Lots of improvements were shown in the evidence of PWs - There was a quarrel as regards to trivial issues and very short marriage life of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere saying that wife was an ill-tempered and greedy lady or she became angry off and on, cannot be considered as instance of cruelty - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Extra marital relationship by wife - Some quotations noted in diary cannot be a basis to hold that wife was adulterous - More so, there is no evidence on record to prove that wife had any extra marital relation with respondent No.2 or any other person as alleged by husband - Ground of adultery not proved -..........
Hindu Marriage Act, 1955, Section 25(2) -- Permanent alimony and maintenance - Jurisdiction - By agreement, jurisdiction of the court created by statute, cannot be taken away - If any agreement comes in conflict with any valid statute or its provision that becomes unlawful agreement and void as per S.23 of Contract Act, 1872...........
Hindu Marriage Act, 1955, Section 25(1) -- Maintenance - Quantum - Mutual agreement for divorce and quantum of maintenance - Compromise decree passed - Held, even if agreement relating to quantum may be part of settlement but when the decree was passed on adopting the said settlement, it becomes the order u/s 25(1) of H.M.Act, 1955 - And where permanent alimony is not paid..........
