Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Desertion and cruelty - Parties living separately for 14 years - No possibility of parties resuming normal marital life - Living separately for 14 years means that there is an irretrievable breakdown of marriage and it has been rendered a complete dead wood - Factum of separation as well as animus deserendi stand proved..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9, 21A -- Matrimonial case - Transfer of - Convenience of wife is paramount consideration to transfer a case at or near the place where wife is residing - Wife having a child and had to travel for 3 hours from Amritsar to Ferozepur for attending the proceedings initiated by husband - Petition filed..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Transfer of petition - Petition divorce and maintenance - Wife seeking transfer to her place due to inability to bear expenses of travelling to place `H' and also fear to her life - Convenience of wife is of paramount importance in all these cases - Application for transfer allowed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite and litigation expenses - Wife and two sons - Elder son student of Juridical Sciences and younger son student of 1st year Zoology (Hons.) - Business by wife of printing or selling saris from her house does not seem to be a big or lucrative business and from the income of this business she cannot maintain..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsound mind of wife - Mental disorder of spouse, even if intermittent, should be of such a nature and extent that the spouse cannot reasonably be expected to live with the other spouse...........
Hindu Marriage Act, 1955, Section 13(i)(iv) -- Desertion - Wife left matrimonial home with household articles alongwith her son with an intention not to come back and she wanted to bring a permanent end to the matrimonial bondage between the parties - No effort made by spouses for bringing around reconciliation - Finding of trial Court that wife has deserted the husband..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Telegram - There is no presumption of service available on the basis of receipt of telegram only - Ex parte divorce decree set aside...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Registered notice received back with endorsement 'not found' - Dasti notice not found to be served by `nishan dehi' - Service of summons on the basis of telegram is not available - Service by affixation highly suspicious -..........
Hindu Marriage Act, 1955, Section 16, Hindu Succession Act, 1956, Section 3(1)(j), 6 -- Illegitimate children - For all practical purposes, including succession to property of his parents, has to be treated as legitimate - Entitled to equal share with legitimate children - Can be treated as coparceners - Only limitation is that illegitimate child cannot claim partition..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Section 24 -- Transfer of petition - Husband filed petition for restitution of conjugal rights - Wife living at another place with her parents - Wife having an infant child of one year with no source of income - Petition transferred to place where wife is residing...........
