Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere fact that husband left the wife at the gates of her parent's house, cannot held husband guilty of desertion, particularly when wife was cruel to husband to the extent that it is difficult to live with her and there exists a cause for such abandonment...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Amputation of left lower limb above knee joint - Liability of Insurance Company - Claimant is a 20 years old lady who was working as a labourer and was travelling in trailer attached to tractor - Trailer was not insured, thus insurance company is liable - However, disability being 100% and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife was subjected to dowry demands, harassment and was beaten and tortured on various occasions and was treated like a maid servant in the house - No challenge made to testimony of wife by husband - Testimony of wife corroborated by medical documents - Such conduct of husband necessarily..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Wife deposed that she was left at her parental home in injured condition and thereafter despite her efforts, husband failed to take her back to matrimonial home - Husband has not explained the circumstances in which wife had been left at her matrimonial home - No challenge made to..........
Protection to life and liberty -- Live-in-relationship - Petitioners are stated to have been living in live-in-relationship being consenting adults - However, marriage of petitioner no.1 with her previous husband has not been dissolved by orders of any competent Court - No sanctity therefore, can be attached to dissolution of marriage of petitioner no.1 and her husband by..........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75E, 151 -- Annulment of marriage - Status of potency - Medical test - Denial of marriage - Matrimonial Court has power to order a person to undergo medical test - It cannot be contended that relief cannot be granted in the present merely because marriage was denied...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Keeping parties together despite irretrievable breakdown of marriage amounts to cruelty on both sides...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for the last 12 years - Twelve years of separation is sufficiently long period of time to have sapped all emotions which two perhaps may have had once for each other - Continued bitterness, dead emotions and long separation in the case can be construed as a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife without getting divorce from her earlier husband - Wife not entitled to claim maintenance from her second husband...........
