Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Deceased wife at the time of accident was pregnant - Compensation, enhanced from Rs.10,46,750 to Rs.14,46,750 with 6% interest from the date of claim petition...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife must be afforded priority while considering transfer...........
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 - 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..........
Custody of adopted child -- Child is not adopted from natural parents and one `N' is the person involved in giving child in adoption to petitioner - Crime is registered against said `N', petitioner and his wife - It is a clear case of child trafficking - Case is under investigation - Child is in custody of Child Welfare Committee - Adoption of child by petitioner and his..........
Bharatiya Sakshya Adhiniyam, 2023, Section 116, 39 -- DNA test - Paternity of child - Husband has not disputed marital status and also cohabitation with wife for few days - In such circumstances, paternity cannot be questioned - Application rightly dismissed...........
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..........
