Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Appeal thereagainst - Parties are living together along with children - Decree of divorce by mutual consent set aside...........
Criminal Procedure Code, 1973, Section 125(1)(b), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Unmarried major daughter - Right of major unmarried daughter for maintenance from parents after attaining majority till her marriage flows from combined reading of S.125 Cr.P.C and S.20(3) of Hindu Adoptions and Maintenance Act - Maintenance rightly..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Wife despite passing of decree for restitution of conjugal rights, did not join the company of husband and failed to comply with said decree - Consequently, after passing of one year husband filed a petition u/s 13 of the Act for dissolution of marriage, which was accepted by Family Court -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Decree of divorce cannot be granted merely on the ground that husband and wife are living separately since last so many years...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband filed divorce petition twice and a compromise arrived with wife and they lived together - Parents of wife have not made any allegation against husband and wanted that they should live together - Letters exchanged between parties and conversation between them reflects that there..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Long standing dispute itself is a mental cruelty to a party who intends to live in domestic relationship and peace...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Parties shared domestic dispute for very long time and irritability and mental cruelty inflicted by wife over her husband through her conduct and through her denial for cohabitation - In absence of any cross-examination or rebuttal, allegations of husband assume importance -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Bald and general allegations raised by husband against wife - In absence of any cogent and reliable evidence led by him, it cannot be said that husband was harassed by his wife so as to obtain a decree for dissolution of marriage on the ground u/s 13(1)(ia) of the Act - As regarding..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately since 1998 - Marriage has irretrievably broken down and thus, like a deadwood for all purposes and cannot be revived - Divorce rightly granted on the ground of desertion...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Living in separation for one year - Condition of living separately for one year is mandatory and not directory - It is a must to the filing of petition u/s 13-B of the Act - Waiver of this period is not permissible u/s 14 of the Act - Provision of S.14 Proviso cannot be read into the provision of..........
