Hindu Marriage Act, 1955, Section 25 -- Quantum of maintenance - Marriage between parties has already been dissolved - It would be more convenient and beneficial for wife to take one time permanent alimony rather to bank upon monthly maintenance - Enhancement of permanent alimony in lieu of monthly allowance of Rs.4,000 p.m would be in the interest of parties - Permanent..........
Indian Penal Code, 1860, Section 450, 395, 367, 323, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Disputes between parties settled and joint statements filed - Certain other disputes over property also settled - Request by parties for compounding offences so as to save institution of marriage - Held, offences alleged against appellants..........
Hindu Marriage Act, 1955, Section 13(i), Evidence Act, 1872, Section 4, 112 -- Divorce - Adultery - Examination of doctor to prove DNA report that petitioner is not the father of child born to respondent - Child born during continuance of a valid marriage to be treated as conclusive proof of legitimacy of child - Moreover adulterer not impleaded as a respondent - In view..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Parties living separately since 1996 i.e. for 17 years - Comfort of marriage has become a mirage and it exists only in form - Possibility of reconciliation non existent - Waiting period of six months waived - Divorce by mutual consent granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Order of acquittal in criminal prosecution u/s 498-A IPC at the instance of wife whether amounts to cruelty depends upon facts and circumstances of each case...........
Hindu Marriage Act, 1955, Section 23(1) -- Bar of S.23(1) of the Act - Wife failed to prove the allegations of cruelty against husband and she has failed to prove that it was husband who had deserted her - Bar of S.23(1) of the Act does not apply in such case...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife can seek permanent alimony even after passing of decree of divorce...........
Indian Penal Code, 1860, Section 292 -- Indecent Representation of Women (Prohibition) Act, 1986, S.4 - Obscenity - Whether photograph of Boris Becker with his fiancie Barbara Feltus, a dark-skinned lady standing close to each other bare bodied but covering breast of his fiancie with his hands can be stated to be objectionable in sense it violates S.292 IPC? - Held,..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death took place within seven years of marriage in an unnatural manner as aluminum phosphide poisoning was found in the body of deceased - PW5 has specifically stated that accused demanded scooter and she was maltreated and brought her to her parental home - Soon before her death, on demand, PW5 paid an..........
Hindu Marriage Act, 1955, Section 13, 5 -- Divorce - Conversion to another religion - A valid Hindu marriage can take place only between a man and a woman professing that religion as on date of marriage - Act recognizes conversion of a spouse into another religion as a valid ground for the other to seek divorce...........
