Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Levelling of disgusting allegations of unchastity and indecent familiarity with a person outside wedlock and allegations of extra marital relationship, constitute grave assault on the character, honour, reputation, status as well as mental health of the wife - Such scandalous,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Relentless and incessant nature of the volley of allegations made by husband against wife, as initially he had filed a divorce petition against wife on the ground of adultery and cruelty - It is subsequently during the pendency of the proceedings, that divorce on the ground of adultery..........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal would not abate, as there would be a direct legal consequences affecting status of parties as well as proprietary rights of either of them which would flow from decree of Family Court...........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal not abated as there are proprietary rights surviving for consideration even on the death of husband - Since matrimonial cruelty necessary for grant of a decree of divorce or desertion with a clear intention to put an end to marriage has not been..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Compromise - Quashing of FIR - Wife failed to appear and record statement qua genuineness of compromise after taking divorce and receiving permanent alimony on the basis of said compromise - Quashing of FIR can be directed in such case, even in absence of consent of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Parties were in domestic relationship as on the date of application, as application filed before decree of divorce was passed - Application u/s 12 of the Act is maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Hindu Marriage Act, 1955, Section 13, Hindu Marriage (Punjab) Rules, 1956, Rule 8 -- Impleading of adulterer as a party in a petition for divorce on ground of adultery - Joining of adulterer as a party is mandatory as per Rules framed under Hindu Marriage Act - Moreover, finding of adultery would adversely affect the..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Hindu Marriage Act, 1955, Section 25(2) -- Application u/s 25(2) of the Act - Maintainability - Divorce petition is pending between parties and no decree of divorce has been passed till date - S.25(2) of the Act is not applicable...........
