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 -..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Decree for restitution of conjugal rights passed in favour of wife - Husband neither takes wife back to the fold of matrimonial house nor pays maintenance to child and wife - If husband does not want wife and child back, he cannot escape maintenance merely because he has challenged the order of restitution of..........
Indian Penal Code, 1860, Section 417 -- Cheating - Marriage proposal not reaching the desired end - Offence of cheating not made out as there is no reliable and trustworthy evidence...........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Premature petition - Premature filing of divorce petition by 11 days by husband cannot be ground fatal to it, particularly omission on the part of wife to assert her objection regarding premature filing of petition as evidence of her intention to have marriage dissolved - Divorce petition held, allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - To constitute mental cruelty : (a) first an inquiry must be made about nature of cruel treatment; (b) secondly its impact on the mind of spouse and (c) whether it caused reasonable apprehension that it would be harmful or injurious to spouse and ultimately, (d) inference has to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Acts of indifferent, non-accommodative nature, constant taunts on the husband's financial capacity, disrupting family relations and an extremely disrespectful attitude of wife is per se a conduct that would cause disquiet in the mind of husband - Such constant bickering and..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non compliance with decree of restitution of conjugal rights - Either party can seek divorce on the ground of non-compliance of decree for restitution of conjugal rights and Judgment Debtor cannot be precluded from exercising his right to avail the relief thereof...........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are residing separately since 2011 and there has been no contact whatsoever between them during this long period of almost 13 years - Wife is not even responding to summons issued by Courts - She is no longer interested in continuing the marital relations with husband - Marriage..........
