Hindu Marriage Act, 1955, Section 26 -- Custody of child - There can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of parents which have to be enforced...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Paramount consideration in the dispute pertaining to custody of child is welfare of child...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Claimed by father - Girl child aged about 13 years has categorically stated that she wants to remain in the custody of father - She also stated that mother assaulted the child and became angry when minor girl child refused to accompany her along with male acquaintance who as per child did certain acts which she was..........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Petition by husband - Medical evidence in the form of DNA report proved that after marriage wife had illegal intimacy with another man - Report of DNA was neither disputed nor challenged by wife - Husband thus, proved that wife was leading an adulterous life - Divorce granted to husband...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 25 -- Res judicata - Doctrine of res judicata is not applicable on reliefs of permanent alimony and stridhan as such reliefs can be claimed by way of an application at any subsequent stage as well and any Court having jurisdiction under the Act can grant the same...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
Hindu Marriage Act, 1955, Section 25, 19 -- Permanent alimony - Jurisdiction of Court - Wife can claim relief of permanent alimony at the place of her residence as per Ss.25, 19 of the Act...........
Hindu Marriage Act, 1955, Section 27, Hindu Succession Act, 1956, Section 14 -- Stridhan - All the movable and immovable properties belonging to wife or given to her before or at the time of or at any subsequent time of marriage are her stridhan properties of which she is an absolute owner by virtue of S.14 of Hindu Succession Act r/w S.27 of Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation, non-cohabitation and complete breakdown of all meaningful bonds and existing bitterness between husband and wife has to be treated as cruelty u/s 13(1)(ia) of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is not ready to live with husband - Admittedly, both the parties are living separately from 2010 onwards - Trial Court failed to consider the aspect of making threats to commit suicide and by giving false complaint against husband and also failed to consider the long separation of..........
