Dissolution of Muslim Marriages Act, 1939, Section 2(viii)(f) -- Divorce - Second marriage by husband during substance of first marriage - Burden of proof - If there exists a marriage with another lady during subsistence of previous marriage, burden is on husband to prove that he had treated both wives equitably in accordance with injunctions of Quran...........
Dissolution of Muslim Marriages Act, 1939, Section 2(viii)(f) -- Divorce - Second marriage by husband during subsistence of first marriage - Refusal to cohabit and perform marital obligations with previous wife tantamount to violation of Quranic injunctions which commands equal treatment of wives if husband contracts more than one marriage - Wife held, entitled to decree..........
Hindu Marriage Act, 1955, Section 28, 13(1)(ia) -- Decree of divorce - Remarriage by husband after expiry of statutory period for filing appeal but during pendency of appeal - Appellant did not take steps for service of notice upon husband within time, as a result of which he was not aware of the stay order - Husband remarried being unaware of pendency of appeal and stay..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Locus standi - Husband admitted that civil Judge has declared that respondent is his wife - Even, husband has been paying maintenance allowance to wife - Husband has thus, locus standi to maintain petition for dissolution of marriage u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(i) -- Divorce - Cruelty and adultery - Petition by husband - No material to sustain any allegation made in the petition that wife was living in adultery and she was treating the husband with cruelty - Not a single allegation has been established as probable - General statements which do not inspire confidence in the Court..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since last 2 years - They filed an application u/s 13-B of the Act and are in agreement and a consensus has been drawn on terms and conditions to dissolve their marriage mutually - Provisions of S.13-B(2) of the Act are not mandatory..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Direction issued to all Family Courts within jurisdiction of Rajasthan High Court to settle the disputes u/s 13-B of the Act expeditiously in the light of Apex Court's Judgment in Amardeep Singh V Harveen Kaur...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Once the parties have clearly decided to part their ways and live separately, Court should not prolong their agony - Since, there is no possibility of parties resuming cohabitation, statutory period of six months waived - Parties to appear before Family Court for..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, 20 -- Divorce petition - Proof of CD containing conversation between husband and wife recorded surreptiously without consent or knowledge of wife - It is a clear cut infringement of privacy of wife - Acceptance of CD in question shall amount to a clear cut breach of fundamental right of wife and her..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
