Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Routine grounds such as incompatibility between parties and their failure to live together depicts no exceptional hardship or exceptional depravity so as to invoke jurisdiction u/s 14 Proviso of the Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - A Muslim wife who resides separately from her husband on his contracting a second marriage is not disentitled from claiming her statutory right of maintenance under Cr.P.C./BNSS...........
Hindu Marriage Act, 1955, Section 13 -- Decree of divorce - Challenged by wife - Reasonable opportunity to contest the matter has been denied to wife by family Court while dissolving the marriage - Manner in which Court has proceeded in undue hot haste in rejecting the right of wife on the very next day to cross-examine the husband and thereafter to forfeit the right of..........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage - Muslim male can sue a suit or proceeding for dissolution of marriage under Family Courts Act but cannot seek divorce under Dissolution of Muslim Marriages Act...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient means available with him to pay the amount of permanent alimony to wife - He has inherited the retail outlet from his father - Various other immovable property referred by trial Court indicates that husband is a man of adequate financial means - It is the responsibility of husband to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife after marriage had stayed with husband in the matrimonial home only for seven months - She had been staying separately now for over a period of 15 months - Desertion for more than a period of 2 years proved beyond reasonable doubt - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife without any justifiable reasons left matrimonial home for over 20 years - In the absence of any corrective measures initiated by wife after having left matrimonial home, version of wife that she was compelled to leave the house due to treatment meted out by husband needs to be viewed with suspicion - Marriage between..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376(2)(n), (f) -- Discharge - Rape - Victim specifically stated that accused subjected her to repeated sexual intercourse on the promise of marriage and thereafter retracted therefrom - Consent if any given by victim is vitiated as dealt u/s 90 IPC - Prosecution materials prima facie show..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non-compliance with decree of restitution of conjugal right - Both the parties jointly filed a petition for restitution of conjugal rights and a decree was passed - However, neither party took steps to enforce the decree for restitution of conjugal rights and more than a year had passed without any such action -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Misbehaving with wife by husband in front of family members amounts to cruelty with wife...........
