Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife living separately from her husband without any sufficient cause for a period of more than 2 years before filing the present petition - Wife lodged complaint with police as to maltreatment for dowry demand - Police did not register any FIR - It can easily be inferred that allegations levelled in..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Simplicter leaving the house is not desertion unless and until animus deserendi is proved - Separate living and separate living with an intention to never return back to matrimonial home are the ingredients to prove desertion...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of - Husband produced "Pharkat Patra" to prove customary divorce - Husband took defence that wife has been living separate without sufficient cause - Held, if there was divorce under document husband cannot take defence that wife has been living separate without sufficient cause - If wife was already living..........
Indian Penal Code, 1860, Section 498A,406 -- Dowry demand - FIR lodged against elder brother of husband making allegation of demand of dowry - Complainant contracted inter caste love marriage with younger brother of accused and thus younger brother was disowned by his father - Complainant and her husband were living separate for the last 6 years - Vague allegation made in..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Maintenance - Award of maintenance allowance amounting to Rs.1,000/- per month to wife from the date of application - Revision thereagainst filed by husband - Question of living with her husband has been fully considered and lower Court has given well reasoned findings with regard to justification of wife for living..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income of husband Rs.28738/- per month - Grant of interim maintenance Rs.5,000/- per month - Petitioner has not denied the fact of marriage or income or fact of separate living - Held, order of interim maintenance passed after examining attending circumstances cannot be said to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic relationship - Comes to an end once the son along with his family moved out of the joint family and established his own household or when a daughter gets married and establishes her own household with her husband - An application under the Act cannot be filed by a person who has established his..........
Protection of Women From Domestic Violence Act, 2005, Section 20 -- Medical expenses - Wife suffering from kidney failure and living separate and not maintained - Omission in not maintaining her and not providing her medical treatment falls within definition of economic abuse - Order directing husband to pay Rs.2, 500/- p.m. for medical expenses of wife, upheld...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 23 -- Maintenance - Quantum - Determination of - Appellant/wife has been deserted - She is living in the house of her parents - Respondent has not provided any separate residence to her - She is in old age - She remains ill - Respondent also got retiral benefits - He is getting pension - He is also earning from his..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Wife lived with husband in USA for 7-1/2 years - Husband obtained decree of divorce from superior court of New Jersey - Wife filed complaint in the court at Delhi under Domestic Violence Act - Besides husband, father-in-law, mother-in-law and brother-in-law also arrayed as respondents - Both the courts..........
