Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - No implicit faith can be reposed in the testimony of either party in litigation when parties are inclined to make wild allegations against each other...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife made false complaint and got husband and other in-laws arrested - Wife also resiled from agreement of mutual divorce after receipt of agreed amount - Acts of wife amount to mental cruelty - Held, husband is entitled to divorce...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Husband seeking divorce on ground of wife suffering from Schizophrenia - Marriage not consummated even in long period of more than six years - Wife not appearing in the witness box to rebut the allegations leveled against her by husband - Wife not producing medical evidence - Parents of wife avoiding to send their..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife working as teacher and drawing salary of Rs.2000/- as such permanent alimony denied to wife - Wife has the right to live as per the status of her husband - Case remanded for decision as to whether salary of wife is sufficient for her maintenance as per status of her husband - Court to pass a well reasoned..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiting period of six months - Can be brought down when divorce by mutual consent is sought in a divorce petition already pending for more than six months - Provision of S.13-B(2) is directory and not mandatory...........
Hindu Marriage Act, 1955, Section 24 -- Rejection of application u/s 125 Cr.P.C. - Not a bar to claim maintenance pendente lite...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Hindu Marriage Act, 1955, Section 5, 7 -- Maintenance - Failure to prove status as wife - Living together for a year does not confer the status of a legally married wife - Held, petitioner is not entitled to maintenance...........
Hindu Marriage Act, 1955, Section 25 & 11 r, w, 5 -- Marriage declared as null and void u/s 11 r/w S.5(1) - Maintenance after passing of such a decree - Expression `at the time of passing of any decree' used in S.25 of the Act means all kinds of decrees such as restitution of conjugal rights u/s 9, judicial separation u/s 10, declaring marriage as null and void u/s 11,..........
Hindu Marriage Act, 1955, Section 25 & 11 r, w, 5 -- Second marriage of wife - Previous marriage of wife held having not been dissolved by any Court decree - Second marriage in contravention of S.5(i) of the Act declared to be a nullity - Award of maintenance to wife - Wife had not concealed her previous marriage which was alleged to be dissolved by way of a Chor Chhithi -..........
Hindu Marriage Act, 1955, Section 25, 11, 5 -- Marriage declared as null and void u/s 11 r/w S.5(1) - Maintenance after passing of such a decree - Expression `at the time of passing of any decree' used in S.25 of the Act means all kinds of decrees such as restitution of conjugal rights u/s 9, judicial separation u/s 10, declaring marriage as null and void u/s 11, annulment..........
