Matrimonial dispute -- Dissolution of marriage - Compromise between parties - Appeal disposed of as matter has been compromised between the parties - Directions issued...........
Hindu Marriage Act, 1955, Section 12(i)(c) -- Annulment of marriage - Concealment of physical deformity and infection in private parts of wife - Evidence on record shows that PWs have no personal knowledge about allegations of physical deformity of wife - No effort was made by husband to get wife medically examined from competent doctor - Evidence adduced by wife to show..........
Hindu Marriage Act, 1955, Section 13 -- Matrimonial dispute - Settlement arrived at between parties before supreme Court - Parties duly divorced - Custody of daughter will be with mother - Rs.30 lakhs will be paid as alimony and maintenance to respondent-mother and daughter - Default in payment will amount to contempt of court apart from other consequences of interest etc...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of six months waiting period - Parties living separately most of the time from the last five years - Their marriage reached a breaking point more than a year back - Family Court granted first motion and now parties are waiting for second motion - Wife scheduled to leave country in between and it..........
Family Courts Act, 1984, Section 7 -- Validity of marriage and matrimonial status - Suit for declaration - Within exclusive jurisdiction of Family Court - Jurisdiction of civil Court is excluded - It makes no difference as to whether it is an affirmative relief or a negative relief when declaration is regarding matrimonial status...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Refusal to pay maintenance pendente lite - Leaving wife in penury without offering anything to sustain her life despite maintenance orders passed, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Mental torture or abnormal behaviour may amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Allegations of cruelty should have the origin with reference to time, place and manner of committing such cruelty - General allegations do not constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce - Petition by wife for divorce on ground of cruelty - Counter claim by husband u/s 9 of the Act - Wife left matrimonial house with intention to get herself re-married with some financially sound family - She also voluntarily left her minor child and never sought his custody - During her matrimonial stay she never..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Mere pendency of FIR and proceedings under Domestic Violence Act cannot be taken to mean that wife has acted with cruel attitude, as filing of such proceedings is the legal domain of wife and mere filing of such cases cannot constitute cruelty unless and until case is found to be false...........
