Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - After marriage couple moved to Germany and become citizens of Germany - Decree of divorce granted on 20.07.2017 not be challenged - FIR dated 30.12.2017 quashed as there is no existing husband and wife relationship...........
Constitution of India, 1950, Article 226 -- Writ of habeas corpus - Husband seeking to regain his wife - Corpus is a major and is residing with her parents of her own will and she has already given a statement to police authorities that she does not want to live along with petitioner No.2 - Writ petition is not maintainable as a matter of course, ignoring that marriage..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband has not come forward to contest the appeal/divorce petition, nor he has led any evidence before family Court save for his affidavit which was also his testimony verbatim - Therefore, for all intents and purposes, husband has distanced/divorced himself from wife's life as discernible from his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - False complaint given by wife against her husband amounts to cruelty towards husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Daughter of parties PW2 categorically deposed that her mother/wife is not residing in matrimonial home with her father/husband - She withstood the cross-examination and there is no reason to disbelieve evidence of PW2 to depose falsely against her mother - More so, wife admitted in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Husband admitted that except for suspecting fidelity of husband, wife was a good wife - No oral and documentary evidence to prove that wife removed thali and there is no evidence regarding cruelty committed by wife - Husband failed to prove its case and there is suppression of facts on the side of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights filed by wife - Husband has not shown any strong legal ground on which he can claim divorce from his wife - Wife hardly lived for six months with husband and thereafter husband deserted her without any valid reason - She filed petition for restitution..........
Service -- Maternity leave - Husband of appellant had a prior marriage which ended as a result of death of his wife after which appellant married him - Husband had two biological children from his first marriage would not impinge upon the entitlement of appellant to avail maternity leave for her sole biological child - Fact that she was granted child care leave in respect..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation - Husband filed divorce petition against wife and decree of divorce granted in favour of husband - Wife filed appeal against such decree - However, both the parties have mutually consented to be away from each other and in view of their domestic issues, prays for judicial separation - Since the parties are..........
