Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Grave allegations in written statement not proved - Such conduct of wife constitutes grave mental cruelty against husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Monthly income of husband is more than Rs.40,000 - Wife has no independent means of earning - Husband directed to pay Rs.10,00,000 as permanent alimony to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Affidavit disclosing assets and liabilities not filed by husband - Order granting maintenance to wife set aside - District Judge directed to re-decide the application subject to directing husband to file affidavits in compliance with judgment of Rajnesh and Neha and to decide the same afresh, preferably..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Land in question was given to plaintiff by way of maintenance by her husband - Possession of said land was also given to plaintiff - Plaintiff thus, by virtue of S.14(1) of the Act had become full owner thereof...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties are not living together since 2019 - Marriage between parties has broken irretrievably - No possibility of parties resuming matrimonial ties, as all efforts and all attempts for reconciliation and resumption of matrimonial ties have failed - Parties have..........
Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to unmarried major daughter - Unmarried Hindu daughter can claim maintenance from her father till she is married resorting to S.20(3) of the Act provided she pleads and proves that she is unable to maintain herself for enforcement of which right her application/suit has to be under S.20 of the Act...........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Dictum laid down by Apex Court in Amardeep Singh case in the context of S.13-B of Hindu Marriage Act is applicable to a petition for divorce filed u/s 28 of Special Marriage Act and on satisfaction of conditions laid down in that decision, Family Court can waive..........
Evidence Act, 1872, Section 115 -- Estoppel - Release deed - Father of defendants `C' released his share in respect of self acquired property of his father - Relinquishment was based on having received valuable consideration by `C' - Conduct of executing release deed though by itself may not have resulted in a lawful transfer as `C' survived his father, but his conduct..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13A -- Transfer of petition u/s 13-A of the Act - Wife sought transfer of matrimonial proceedings at the place of her residence - Distance between place of residence and place of proceedings is about 110 kms - Wife is living at mercy of her aged parents and there is none who can accompany her to such..........
