Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Re-marriage - Bar or impediment to contract second marriage operates during pendency of appeal only if an appeal is preferred within period of limitation...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Concurrent findings on record that allegations made against wife by husband are not factually correct - Even, evidence on record shows that husband is completely within clutches of his parents - Wife had never lodged any police complaint or initiated any other proceedings against..........
Criminal Procedure Code, 1973, Section 125, Hindu Succession Act, 1956, Section 15(1)(c) -- Maintenance to wife - Death of wife - Recovery of arrears of maintenance accrued till her death - Impleadment of mother of wife - Deceased died during pendency of her application for recovery of arrears of maintenance - Decree of divorce already granted in favour of husband - Mother..........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Arrears of maintenance is property of female as per S.14 of the Act, including both movable and immovable property as acquired by her under a decree...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Primary requirement for claiming maintenance u/s 24 of the Act is pendency of a matrimonial proceeding...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Right to claim maintenance and expenses during pendency of proceedings under the Act is a special right bestowed on disadvantageous spouse, irrespective of result of main relief u/s 13 of Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Challenged in appeal on the ground that wife has performed second marriage during pendency of divorce petition - This fact yet to be proved by cogent evidence - Allowing claim of wife for interim maintenance, cannot be faulted with - Interim maintenance rightly granted to wife...........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Marriage performed between parties 3 days after wife gave birth to child - Wife lodged a false complaint before police and police have forcibly taken husband to temple and forced him to marry with wife - Husband has not given his consent to marriage and marriage was not as per customs and rituals, as it was performed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation of parties for a period of more than eight years, while making allegation against each other itself amounts to further act of cruelty...........
