Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Indulging in self-pleasure/masturbation cannot be a cause for dissolution of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Working wife living at a different place - Wife/employee cannot be charged with cruelty or separation or denying conjugal company only on the ground that she had been living in a place different from the place of husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation by itself would constitute cruelty and that divorce can be granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition filed by husband - Petition u/s 9 of the Act filed by wife - Long separation between parties - Wife cannot be attributed with any blameful conduct and her conduct not amounting to cruelty - If divorce is granted on the ground of separation and the marital tie is snapped, husband will be taking advantage of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Appellant being 100% disabled thus, granted expense towards attendant @ Rs.5,00,000 in lumpsum and compensation towards special diet is required to be enhanced from Rs.25,000 to Rs.1,00,000 - Considering the significant impact of disability on the life of appellant, amount..........
Family Courts Act, 1984, Section 19 -- Appeal - Not maintainable against an order passed u/s 24 of Hindu Marriage Act, as said order is interlocutory in nature, as right to claim maintenance is still alive and by way of interim arrangement only said order has been passed - However, petition u/a 227 of Constitution is maintainable against such an order...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties are living separately since 2014 - Meditation proceedings for an amicable settlement of dispute between parties remained unsuccessful - No efforts made by wife to join the company of husband and had not filed any petition for restitution of conjugal rights - In the absence of any resumption of matrimonial..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the company of husband - Parties never resumed co-habitation after 2013 and during last 12 years no effort has been made by either party for restitution of conjugal rights - Keeping in view the said fact coupled with the allegations leveled against each other embedded with..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a business man and has substantial income - Considering on the aspect of standard of living, age of parties and place of their residence, it is appropriate to grant permanent alimony to the tune of Rs.18 lakhs to be paid by husband to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere dismissal of criminal case against husband does not entitle him to get a divorce on that ground only - Court also has to look into other aspects...........
