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...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately from last 8 years - There is total lack of any effort on part of either of them to stay together - Effort to unite them before Mediation have proved futile - Marriage between parties has ceased to exist in substance and in reality and thus,..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband offered to pay a sum of Rs.50 lacs towards permanent alimony to wife and her daughter - Subsequently he offered to transfer one flat in the name of minor daughter - However, wife not accepted said offer of husband - Wife's desire to live with her husband is not genuine at this stage particularly when she..........
Hindu Minority and Guardianship Act, 1956, Section 13 -- Welfare of child - Word `Welfare' has to be construed literally and must be taken in the widest sense - Moral and ethical welfare of the child must be looked into...........
