Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Husband treated the wife with cruelty by not having consummated the marriage for no valid reason - This conduct of husband has caused mental cruelty to wife - Moreover, they were living separately since 2017 and after dissolution of marriage wife remarried - Marriage between..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife professional doctor - Wife left her job with the private hospital before entering into wedlock - Merely because there is likelihood of earnings of wife being a professional qualified person, is no ground to decline her claim for interim maintenance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife professional doctor - Wife left her job with the private hospital before entering into wedlock - Wife at the time of passing impugned order of interim maintenance not gainfully employed and husband earning considerably - Merely because there is likelihood of earnings of wife being a professional..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife performed marriage of daughter of couple behind back of husband - Does not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false complaint - Mere acquittal or dismissal of complaint per se would not be sufficient to reach a conclusion that complaint was false or fictitious...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Enhancement of maintenance - Denied on the ground of decree of divorce - Decree of divorce set aside by lower appellate Court which decision is now confirmed - Order denying enhancement of maintenance amount to wife set aside - Case remanded back to trial Court for decision afresh...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - There is ample ocular and documentary evidence adduced on behalf of wife demonstrating that she was subjected to cruelty and it fulfills all requirements u/s 13(1)(ia) of the Act to dissolve marriage in between parties - Divorce granted...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties are living separately for the last ten years - Differences between parties to litigation are of such magnitude that it would be practically impossible for them to reunite and cohabit again - Since marriage between parties is emotionally dead totally unworkable, beyond salvage and has..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband did not adduce any evidence that wife is earning and has sufficient means to maintain herself and her daughter - However, it is undisputed fact that wife is running a beauty parlour, which is a profitable business - If at all wife has no means to maintain herself and her daughter, she would have claimed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Petition filed by husband - Wife proceeded ex parte - Even in ex parte proceedings the burden is on plaintiff to prove his case by leading evidence - Merely there being no denial or cross examination, Court is not bound to grant ex parte decree unless the case is made out - In the instant case as deposition of..........
