Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of desertion and cruelty - Irretrievable breakdown of marriage - Both husband and wife made allegations of cruelty against each other - Wife lodged criminal case against husband - Both living separately for last ten years - In such circumstances, case for divorce on ground of desertion made out - It would be proper..........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - False cases filed to insult and humiliate husband in society - Wife left matrimonial home of her own and even left her four months old daughter - Parties have been living separately since 1999 - All efforts for reconciliation have failed and it is practically broken marriage - Wife has no objection to grant..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Period of six months - Waiver of - Parties litigating for 6 years - Parties entered into compromise whereunder husband to pay Rs.2.25 crores to wife as full and final settlement of all disputes - Divorce petition filed by parties u/s 13-B - Held, period of six months waived in interest of justice in view..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Trial Court merely placed reliance on evidence of witnesses and particularly that of PW1 which was based on grave suspicion - PW1 had nurtured ill-will against her husband and i, laws for period of 10 days which culminated into FIR accusing them of having committed murder - Held, prosecution..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Essential ingredients of the offence u/s 304-B are : (i) death should be of burns or bodily injury or has occurred otherwise than under normal circumstances; (ii) within seven years of marriage; and (iii) that soon before her death she had been subjected to cruelty or harrassment by her husband or..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- Grant of access to children granted to husband - Breach of order of access by wife - Application by husband for striking off defence - Wife wilfully and blatantly breached the order of access - It is an egregious act of blatant defiance of the order of Court - O.39.R.11 is other than O.39.R.2-A CPC which deals with..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Maintenance - Decree of restitution of conjugal rights granted in favour of husband - Wife neither complied with the decree nor challenged the same - Subsequently a decree of divorce on the ground of desertion passed in favour of husband - Held, wife who neither complied with the decree of restitution..........
Civil Procedure Code, 1908, Section 24 -- Transfer of proceedings - Divorce case - Both applicant and respondent are resident of Aurangabad - Applicant being a lady and having no source of income will not be able to travel 300 kms. from Aurangabad to Akola on every date of hearing - Held, in a proceeding filed by husband convenience of wife in such proceeding should be..........
Insurance claim -- Repudiation - Suppression of material facts - Wrong certificate produced by the respondent-LIC to show that while taking the policy the appellant's husband had concealed the factum of his illness - The impugned orders of the Fora below founded on a document which had really no bearing on the decision of the complaint filed by the appellant - Impugned..........
Family Courts Act, 1984, Section 7(1)(f) -- Provisions of Act do not authorise wife to make an application for maintenance pending consideration of petition by husband for custody of child...........
