Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minors property - Permission of Court to sell - Prior permission of Court for disposing of undivided interest of minor in the joint family property is not required...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere acquittal of husband in a criminal case filed by wife, does not wash away cruelty committed by husband of being involved with a young girl during subsistence of his marriage with wife and cannot be a ground to grant divorce - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife admittedly quit her job to take care of children - Contention of husband that wife is lazing around and not earning money to take care of children rejected, as taking care of children for a mother is a whole time job - Maintenance @ Rs.36000/- p.m. granted to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Relationship between parties turns sore after 8 years of marriage - Two children are born from the wedlock - In such circumstances, with the growing necessity of money qua cost of living and the manner in which couple lived together along with children, maintenance ought to be adjudged and granted -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into compromise - Husband already paid agreed amount of Rs.10 lacs to wife towards alimony and future maintenance or other claims - Marriage between parties dissolved with mutual consent u/s 13-B of the Act after waiving off cooling period...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Family Court awarded Rs.5 lakhs as permanent alimony which is not sufficient for whole life particularly when daughter is also living with wife - Period of almost 4 years is going to lapse since passing of decree by itself is a sufficient change in circumstance - Husband is thus, directed to bear..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Parties have been living separately since 2011 i.e more than 12 years - There is no chance of their re-union - Wife contended that husband illegally married another woman during pendency of appeal - However, husband did not agree for the same - Failure to untie marital knot would only..........
Hindu Marriage Act, 1955, Section 12(2) -- Kidnapping and exchange of garlands and marrying forcibly - No evidence regarding due ceremony - A Hindu marriage may be solemnised by a ceremony as prescribed by S.7 of the Act - It cannot happen on subsequent admission of it - It leads to conclusion that there was no marriage at all - S.12(2) of the Act is not applicable -..........
