Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Incurable mental ailment of spouse - A partner to marriage when has a incurable mental ailment leading to irresponsible and violent behaviour, it certainly makes life of victim spouse a living hell and makes it impossible for him to live with partner with safety to his life and mental peace to him/her -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Incurable mental ailment of wife - Husband earlier filed divorce petition but to give a second try to his matrimonial life he compromised the matter - However, after compromise behavior of wife did not change and she continued with her bad behavior - Continuation of bad behavior by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Long separation of seven years between parties during which they have been litigating would show that marriage between parties has become a deadwood and beyond repairs on account of bitterness between parties - Such long separation is bound to create unbridgeable distance between..........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 24 -- Appeal against order passed u/s 24 of Hindu Marriage Act - Proceedings initiated u/s 24 of Hindu Marriage Act are independent proceedings and order passed in it is final order - Appeal u/s 19 of Family Courts Act is thus, maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband and wife living separately since 2008 - Wife is maintaining herself for the last 12 years and never claimed any maintenance - She is highly qualified doctor - She has not disclosed the earnings and financial status of her parents who are said to have supported her for last ten years - Husband is..........
Hindu Marriage Act, 1955, Section 24, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Wife entitled to claim maintenance under two different enactments - Only rider would be that amount would not overlap and it would be inclusive of maintenance under each jurisdiction and not exclusive...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Husband continues to work as not in dispute as per impugned order of granting maintenance to wife - Moreover, if husband is an able bodied man, it is his duty to maintain his wife - Interim maintenance rightly granted to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Posting of letter of appointment for job on social media by wife, which she later claims to be fake, is not sufficient to make out a case with regard to employment of wife, particularly when there is no concrete proof of actual employment...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere possession of qualifications by wife who is admittedly not employed, cannot ipso facto be a reason to deny interim maintenance altogether...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Highly qualified wife - Net salary of husband is Rs.66,050 pm - However, taking into account that wife being unemployed, possession of higher qualifications by her on the strength of which she could make an endeavor to secure job as well as income of husband, wife is entitled to Rs.7500/- as interim..........
