Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Stipulation of a period of two years being a minimum mandatory period u/s 10-A of the Act is arbitrary and oppressive and that said two year period has to be read as one year taking into account the one year period as stipulated in similar legislations i.e S.28 of Special Marriage Act, S.13-B of Hindu Marriage..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Waiver of one year separation period - Both the petitioners have categorically asserted that relationship has become irreconcilable and distressing - Interest of any children is not involved in the case, since parties were not blessed with any issues - Petitioners have also stated that their decision is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Compelling a spouse to forsake his parents is held cruelty particularly in the context of Indian Joint Family values...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
Civil Procedure Code, 1908, Section 24 -- Transfer of domestic violence complaint - Husband sought transfer of domestic violence complaint to be heard along with divorce case filed by him - Where proceedings between same parties involving common questions of fact and law are pending before different Courts in close proximity, it is desirable that they be tried together by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Some trifling utterance or remarks or mere threatening of one spouse to other cannot be construed to be cruelty for grant of decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Not even a single incident with reference to specific date of alleged cruelty has been urged in the plaint - Alleged certain flimsy act or omission or using some threatening and harsh words may occasionally happen in day to day conjugal life of a husband and wife to retaliate other..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife deserted husband - However, no specific date of desertion was mentioned by husband which clearly suggests that in order to get advantage in divorce case, said false allegation of desertion was alleged against wife - Husband has not filed any petition for..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that wife filed application for maintenance pendente lite only after husband filed petition seeking divorce, cannot be a valid ground to deny maintenance, particularly in view of fact that application u/s 24 of the Act, is maintainable during pendency of petition...........
