Hindu Marriage Act, 1955, Section 13(1)(ia), 24, 26 -- Divorce - Cruelty - Dismissal of petition filed by wife - In appeal thereagainst husband did not pay maintenance pendente lite - Amounts to cruelty - Decree of divorce granted on this very ground without going into further details and other merits or demerits of the case...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Wife granted custody by way of an interim order - Husband permitted to visit child at periodical intervals - Withdrawal of suit by wife - Visitation rights of husband cannot be taken away by withdrawal of suit by wife...........
Hindu Marriage Act, 1955, Section 26 -- Custody of children - Visitation rights - Settlement arrived at between parties regarding visitation rights of father - Though same has binding effect on both the parties but child's wishes are of key concern and Court always gives primacy to child - Visitation rights cannot bind the children so as to force them to meet their father..........
Hindu Marriage Act, 1955, Section 26 -- Education and marriage expenses of children - Court has no power u/s 25 of Hindu Marriage Act to grant maintenance and educational expenses of children as it enables the Court to award permanent alimony only to spouse - However, Court can grant such expenses u/s 26 of Act to minor children by way of a decree, or by way of an interim..........
Hindu Marriage Act, 1955, Section 26 -- Education and marriage expenses of children - Though application for claiming such expenses is filed u/s 25 of Hindu Marriage Act, Court has power u/s 26 of Act to direct the respondent father to pay maintenance and education expenses to his daughter till she attains majority...........
Hindu Marriage Act, 1955, Section 13B, 25, 26 -- Divorce by mutual consent - Maintenance - Trial Court can pass an order for maintenance under the scheme of Ss.25 & 26 of the Act only on the agreed terms of the parties while passing a decree by mutual consent invoking provision u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 24, 25, 26, 27, Civil Procedure Code, 1908, Order 19, Rule 1 -- Maintenance - Affidavit - If a party made concealment or false statement in his/her affidavit, opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement - Aggrieved party may also..........
Hindu Marriage Act, 1955, Section 24, 25, 26, 27 -- Maintenance - Affidavit of assets, income and expenditure of both the parties are necessary to determine the rights of parties u/ss 24 to 27 of Act and should be filed by both the parties at the very threshold in order to curb the delay and expedite the trial in terms of S.21-B of Act...........
Hindu Marriage Act, 1955, Section 26 -- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and obligations of the parties amounting..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Minor child - Entitled to maintenance pendente lite irrespective of the fact that child is not a party in the divorce petition or no application u/s 26 of the Act was moved in this regard...........
