Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife on ground of cruelty - Plaintiff has to succeed on his/her strength and not on witnesses of defendant...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband stated that they were residing together till the filing of divorce petition - Wife deserted him stands belied by his own version - Husband has not made out ground of desertion - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Sweeping and general statement made by husband that wife behaved in a cruel manner and she used to pick up quarrels with him and his relatives - Husband could not establish any acts of cruelty on the part of wife - Divorce petition rightly dismissed...........
Special Marriage Act, 1954, Section 16 -- Registration of marriage - Solemnization of marriage outside India between an Indian citizen and a foreign national cannot be registered under Special Marriage Act...........
Foreign Marriage Act, 1969, Section 17 -- Registration of marriage - Through online mode - Marriage between an Indian citizen and an Indonesian citizen - Petitioners are currently residing in Kerala and marriage certificate has already been attested by Embassy of India in Indonesia - Petitioners thus, are at liberty to submit an online request to Respondent No.4 to get..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground of subsistence of first marriage of wife - First marriage of wife though not legally dissolved but wife is separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage - Moreover, respondent/second husband knowingly entered into..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness/doctor - Divorce proceedings - Application to summon witness was filed by applicant on the same day when applicant's evidence was closed - Therefore, finding of Family Court that application was delayed seems to be erroneous - Further, application to summon doctor is relevant for the reason..........
Hindu Marriage Act, 1955, Section 5 -- Marriage - Marriage between a Hindu with non Hindu, be it Muslim or Christian or any other religion, as per Hindu customs and rites is not valid under Hindu Marriage Act and same is void - Said marriage is possible only either under Christian Marriage Act or under Special Marriage Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to prove the fact that she is a legally wedded wife of husband - She did not produce any independent witness to fortify fact of marriage solemnized between her and husband - Wife produced documents containing her photographs, however, in document name of other woman mentioned in the document as..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - When marriage has broken down irretrievably and parties are living separately for the last more than 11 years and there is no chance of reconciliation and reunion, six months statutory period is allowed to be waived - Marriage between parties dissolved u/s 13-B of..........
