Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Relevant considerations for grant of interim maintenance - (1) Status of the parties; (2) Reasonable wants of the claimant; (3) The independent income and property of the claimant; (4) The number of persons, the non-applicant has to maintain; (5) The amount should aid the applicant to live in a similar life..........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Petition by husband - Grounds of desertion and cruelty - Appeal against decree granted in favour of husband - Finding on issue of cruelty already against husband - Husband withdrawing petition u/s 9 indicative of fact that husband himself decided to snap the ties - Decree of dissolution of marriage set aside...........
Marriage -- Booking cancellation - Security deposit - Refund - Refusal of - Ground that terms and conditions of booking of Marriage Hall mentioned that security deposit not to be refunded - Postponement of the marriage due to unavoidable circumstances - Booking for subsequent date was not accepted by the respondent - Respondent has not placed any material on record to show..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving off waiting period - Irretrievable break down of marriage - Parties compromised - Criminal proceedings u/s 498-A, 406 IPC already quashed - Exceptional circumstances exist - Waiting period waived off...........
Hindu Marriage Act, 1955, Section 11, 5 -- Void marriage - Second marriage by wife during subsistence of her first marriage - Second marriage is void - Plea of wife of customary divorce - Such a defence is not permissible as there is nothing in the act that allows customary divorce by way of a defence u/s 5(1) r/w S.11 of the Act...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty and desertion - Allegations general, vague and not corroborated by cogent evidence - Marriage took place in 1996 and divorce proceedings started by 1998, not a circumstance to reward the appellant for his intransigent attitude as regards perceived wrongs and false allegations of cruelty and desertion - Dismissal of..........
Indian Penal Code, 1860, Section 366, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Allurement of marriage - Case is at stage of recording evidence - Petitioner is behind bars for almost 2 years - Bail granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Exparte divorce decree in favour of husband - Alleged to be obtained by fraud - Wife never appeared in Court and did not file her written statement - Husband acquitted in a proceeding initiated by wife u/s 498-A IPC - Case of wife that parties co-habited together and wanted to continue marriage cannot be accepted -..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 177 -- Bigamy - Territorial jurisdiction - Court within whose jurisdiction second marriage took place has jurisdiction...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - In an earlier petition for divorce by husband parties compromised whereby both parties agreed to live together with due love and affection to each other - Wife failing to comply with the compromise for one year - Amounts to decree of restitution of conjugal rights - In view of S.13(1A)(ii) decree of..........
