Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Parties are living separately for the last 7 years and they have no child from this marriage - Wife is not interested in having any permanent alimony and she only wants that marriage be dissolved - Non-grant of divorce to both the parties at this stage would amount to cruelty, as both of them are educated..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Parties are living separately for the last 7 years and they have no child from this marriage - Wife is not interested in having any permanent alimony and she only wants that marriage be dissolved - Non-grant of divorce to both the parties at this stage would amount to cruelty, as both of them are educated..........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - A Notary cannot grant divorce by executing the agreement of separation - As agreement of separation has no sanctity in the eye of law, therefore, it cannot be said that any divorce has taken place between the parties - Even otherwise, if any divorce has taken..........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement before Mediator - As per settlement husband has withdrawn his matrimonial case and also paid a significant amount to wife - Wife thereafter resiled from the agreement - Marriage has broken down irrevocably - Marriage between parties dissolved...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Plaint discloses cause of action which must be tried for substantial justice between parties - Success of cause of action is a matter of trial - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two children - Husband is a senior police officer and is drawing handsome salary - Both the parties have levelled allegations and counter allegations against each other - Wife is not gainfully employed anywhere - She needs expenses for herself and for her children -..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Proceedings u/s 145 Cr.P.C are subservient to the adjudication by Civil Court and in a case civil suit is pending, Executive Magistrate should normally not initiate proceedings u/ss 145, 146 Cr.P.C - Inter se rights of parties regarding title or possession should eventually be left to be determined..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - When a cognizable offence has been committed by certain villagers, it was inappropriate on the part of police to initiate proceedings u/s 145 Cr.P.C on the ground that there was apprehension of breach of peace in the village, particularly when parties were already availing their remedies before the..........
