Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - When marriage breaks down, obligation of husband to ensure that wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support - Post-divorce wife is entitled to live a life consistent with standard of living she was accustomed to during subsistence of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false repeated criminal complaints against husband, his parents and sister, itself would constitute cruelty on husband and his family members - Divorce rightly granted...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Marriage has never been consummated - Parties have lived separately since inception, reside in different countries and there is no material to indicate any possibility of resumption of matrimonial life - Insisting upon adherence to statutory period of one..........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Marriage registered under Hindu Marriage Act cannot be sustained in law if one of parties is not governed by Act...........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Act by virtue of express exclusion u/s 2(2) of the Act does not apply to petitioner who belongs to a Scheduled Tribe in the absence of a Central Government notification extending its applicability...........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Registration of marriage under the Act or performance of marriage according to Hindu rites and customs, does not confer legal validity when one of parties is not amenable to provisions of the Act...........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Mere performance of marriage according to Hindu customs without specific pleading and cogent proof that petitioner had abandoned tribal customs and was governed exclusively by Hindu traditions is insufficient to attract applicability of Hindu Marriage Act...........
