Indian Penal Code, 1860, Section 494, 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Second marriage during subsistence of first marriage - Offence of second marriage is applicable in respect of husband and not against second wife - Rest of the offences are also not applicable in respect of second wife - Ingredients of offence u/s 506 IPC are also not present..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife was living at her matrimonial home with her husband for a short span of time i.e. for 13-14 days, that too in different intervals - She is living separately and left matrimonial home without any rhyme or reason - Husband was able to prove the fact that he was subjected to cruelty and wife deserted him..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both husband and wife are in Government job and working as primary School Teacher and both are on the same status - No child has been blessed from nuptial bliss - Therefore, wife has no right to receive any permanent alimony as contemplated u/s 25 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false cases by wife - Husband and his family members were subjected to torture physically and mentally at the behest of wife and subsequently, two criminal cases prosecuted against her husband as well as against her in-laws, which resulted into acquittal - Cruelty by way of false litigation is..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties are living separately for the last more than 10 years - Matrimonial bond is completely broken and is beyond repair - Long separation of husband and wife and in absence of cohabitation and irretrievable breakdown of all meaningful bonds as well as marital relationship and the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation with regard to wife not permitting him to meet his parents and friends and regarding misbehaviour with him in front of his friend and hospital staff and also having lodged frivolous complaints against husband, alone is not sufficient to grant a decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegations that wife was quarreling with husband without any reason are not sufficient to form any opinion that husband is undergoing acute mental pain, agony, suffering, disappointment and frustration and therefore it is not possible for him to live in the company of wife - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegations of husband that he was beaten by wife and he sustained injuries on 29.5.2016 - However, though number of cases have been lodged by husband against his wife but husband has not lodged any complaint/F.I.R. in regard to the incident alleged to have been occurred on..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Res judicata - Divorce proceedings - Second divorce petition is based on subsequent and fresh cause of action relating to infliction of cruelty and desertion on a subsequent date - Cause of action pleaded in second divorce petition was different than in earlier suit - Second divorce petition is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Forcing wife to leave the job and live as per wish and style of husband amounts to cruelty...........
