Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband faced any mental cruelty from wife on account of being bald, having dark complexion and suffering from lameness - Such a ground for obtaining a decree of divorce appears to be arbitrary and concocted - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has always been ready and willing to live with husband and for resumption of matrimonial relationship she made efforts for restitution of conjugal rights from her side but due to negative response of husband she was not allowed to live with him - Husband denied to keep his wife..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Ground of desertion, separation not available as period of desertion, separation is less than two years - More so, it is the husband who is at fault for not allowing to restitute his marriage with wife, rather left his wife and daughter dependent on his parents-in-law - Ground of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - When marriage breaks down, obligation of husband to ensure that wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support - Post-divorce wife is entitled to live a life consistent with standard of living she was accustomed to during subsistence of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - When marriage breaks down, obligation of husband to ensure that wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support - Post-divorce wife is entitled to live a life consistent with standard of living she was accustomed to during subsistence of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false repeated criminal complaints against husband, his parents and sister, itself would constitute cruelty on husband and his family members - Divorce rightly granted...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While the length of marriage by itself is not determinative of entitlement u/s 125 Cr.P.C. it is nonetheless a relevant factor in assessing nature of dependency, adjustment of lifestyle and extent to which parties had in fact shared a common standard of living...........
