Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife endured physical abuse and emotional distress leading to irretrievable breakdown of marriage - Keeping such a broken marriage intact would only perpetuate suffering for both parties - Divorce granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363.366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j), 6 -- Quashing of proceedings - Kidnapping and rape - Prosecutrix solemnized marriage with applicant - From the cohabitation of applicant and prosecutrix, a son was born - In view of such subsequent..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - While dealing with application u/s 24 of the Act, it has to be looked into whether party claiming maintenance has no source of income and is unable to proceed with the matter...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Even in proceedings of declaration of nullity of marriage, respondent is entitled for maintenance and litigation expenses, if other conditions are satisfied for grant of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties - Plea of wife that husband caused cruelty due to non fulfillment of dowry demand - Court cannot presume that a second marriage of both the parties would necessarily entail no dowry demand...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife on ground of cruelty - Wife not proved allegation of cruelty - Mere fact that husband has not offered himself for cross examination is of no relevance in the background of fact that wife herself has not established ground of cruelty...........
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...........
