Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long period of separation without any hope for reconciliation amounts to cruelty to both the parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusal to accommodate each other for a long period of time amounts to cruelty to one another...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parties have been living separately for 24 years and there is no child from the wedlock - Despite repeated efforts by Courts, there has been no reconciliation between parties - Grant of divorce would not have a devastating effect on any third party, as there are no children from wedlock - No useful purpose..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142(1) -- Divorce - Irretrievable breakdown of marriage - Court in exercise of power to do `complete justice' u/art 142(1) of Constitution has discretion to dissolve marriage on the ground of irretrievable breakdown of marriage...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage and not on the financial status of her natal family...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife is presently unemployed and financially dependent - Her standard of living during marriage was evidently high and she cannot be expected to compromise her standard of living merely because husband seeks to downplay or obscure his own financial capacity - Husband belongs to a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife Is not capable to give birth to child - Wife admitted that her treatment was going on and after taking medications, she has become capable of having a child and she admitted this suggestion that she has not produced any Doctor Certificate in this regard - Both the..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Considering the facts and circumstances of case, socio-economic status of parties, amount of Rs.5,00,000 as one time settlement in favour of wife shall serve the purpose of equity and meet the ends of justice - Husband directed to pay said amount as permanent alimony to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object of S.24 of the Act is to ensure that a party, who lacks sufficient means, is not rendered incapable of effectively participating in matrimonial proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Court to first decide petition u/s 24 of the Act and thereafter proceed with divorce case...........
