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...........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Adjudication of lis under the Act by Family Court without first framing and deciding foundational issue relating to statutory applicability renders the entire exercise jurisdictionally infirm warranting appellate interference...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Six months period enumerated in S.13-B of the Act is directory and not mandatory...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are staying separately since more than one year as on the date of presenting petition u/s 13-B of the Act - Both the parties have mutually agreed for divorce - Therefore, six months period as well as one year as provided in S.13-B(1) is almost over - Reunion of parties is not possible - Since..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Parties have been living separately for a considerable length of time - Efforts of reconciliation have not yielded any positive outcome - Both the parties have expressed their unequivocal desire to bring marital relationship to an end - Marriage between parties..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both the parties are working and earning well for themselves - Considering facts and circumstances of case including financial status of parties who are both working professionals and other attendant factors, sum of Rs.25 lakhs is just and reasonable towards full and final settlement including permanent alimony...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long period of separation without any hope for reconciliation amounts to cruelty to both the parties...........
