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..........
Registration Act, 1908, Section 18 -- Dissolution of marriage - Registration of document - Registering authority cannot refuse to register an agreement for dissolution of marriage...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Mental cruelty - Concept of mental cruelty differs from person to person - Cruelty in one case may not amount to cruelty in another case - Concept of cruelty changes with passage of time...........
Hindu Marriage Act, 1955, Section 13 -- Divorce- Mental cruelty - To give comprehensive definition is almost impossible - Cruelty in one case may not amount to cruelty in other case - Concept of cruelty differs from person to person depending upon his upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs,..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Mental cruelty - Ill conduct - Must be persistent for a fairly lengthy period and because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty...........
