Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has been acquitted from charges of offence u/ss 498-A, 406 IPC - Wife thus, falsely implicated and prosecuted husband in a criminal case - Cruelty has been meted out on husband - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Separation of parties for more than 2 years on the date of filing of divorce petition and animus deserendi on the part of wife is well evident - Since in her statements wife clearly denied to return back and categorically deposed that she does not wish to live with her husband and is not interested for..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Having considered the living standard and financial resources of parties and their liabilities lump sum amount of Rs.10,00,000 as full and final settlement against permanent alimony for wife and daughter would be just and fair arrangement - Said amount shall include amount of pendente lite maintenance, during..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere living separately for considerable period of time may not amount to desertion - What is important to be proved is animus for separate living attributable on party/spouse living apart...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Mere accusation of relationship with some other person itself is a mental cruelty and perhaps is the reasonable cause for wife to live apart...........
Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge over husband's property - Fraudulent transfer of property - Hindu wife has a right to claim maintenance out of her husband's property and consequently entitled to protection u/s 39 of the Act - Therefore, if wife is able to establish that purchaser had knowledge of her right at the time of purchase,..........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge over husband's property - During dormant stage of wife's right, a purchaser cannot be presumed to have knowledge of such a right for the purpose of invoking S.39 of the Act or S.28 of Hindu Adoptions and Maintenance Act - However, it is open for wife to establish actual knowledge on the part of purchaser..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Neither any oral evidence nor any document of sickness of wife has been produced - Rather, family Court found that after marriage, husband got government job and since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Actions of husband are not isolated lapses but form a consistent pattern of neglect, indifference and calculated harassment - His willful refusal to maintain wife coupled with blatant disregard for authority of Courts, strikes at the very foundation of matrimonial obligations and squarely..........
