Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce petition by wife on ground of cruelty and desertion - Allegations of demand of dowry, harassment, physical abuse which included severe beatings - Cannot be disbelieved simply because the complaint was not made to CAW cell or to any other statutory authority/police against demand of money and dowry or against..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because in an application u/s 23 of Protection of Women from Domestic Violence Act, 2005, Court in its order assessed monthly income of husband as Rs.8,000/- p.m, there was no impediment in assessing the income of husband afresh particularly when in application u/s 24 of the Act wife had..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife not earning anything - Husband earning to the tune of Rs.30,000/- p.m - Held, merely because husband has been ordered to pay Rs.4,000/- p.m maintenance to his wife and daughter in proceedings under Protection of Women from Domestic Violence Act, wife is not debarred from seeking maintenance pendente..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband on ground of cruelty by wife - Unwarranted and unjustified denial of co-habitation by any of the spouses having regard to the mental state and level of sensitivity of the other spouse may result in intolerable pain and anguish resulting in cruelty as envisioned by the Act - Institution of a criminal..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Order of Court below rejecting application for wife u/s 27 of the Act for return of her ornaments and other dowry articles and wife did not prefer any appeal - Meanwhile police seized dowry articles and returned same to wife - Amount of permanent alimony fixed at Rs.5 lacs...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife not aware of her husband's first marriage - Concealing of fact of first marriage by husband - Held, a woman, who had married without knowing about the previous marriage of husband, does not acquire legal status of wife, and is not entitled to claim..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix sent to Nari Niketan against her wishes - Radiological age of prosecutrix was found to be 18 years but Magistrate relying on school leaving certificate and admission register of prosecutrix held her minor, without paying attention to the fact that Headmaster of school had denied that prosecutrix had ever..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 - - Dissolution of marriage - Apostasy does not per se dissolve marriage - Woman married under Muslim Personal Law, upon apostatizing will be entitled to sue u/s 2(ix) of the Act seeking dissolution of marriage - She is required to prove before appropriate court that she has indeed apostatized from Islam and..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 -- Dissolution of marriage - Proof of apostasy - Wife made public declaration of re-embracing Hinduism and produced certificate from organization which facilitated it - She reiterated this factum in plaint and deposed so in affidavit in petition - Held, no further proof is required, nor indeed could be led in..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 -- Dissolution of marriage - Woman married under Muslim Personal Law entitled to obtain decree for dissolution of her marriage on any ground recognized as valid for dissolution of marriages under Muslim Personal Law in addition to grounds provided in S.2 clauses (i) to (viii) of the Act - Act has not entirely done..........
