Indian Penal Code, 1860, Section 494 -- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when accused performed second marriage..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False complaint - No criminal complaint was made by wife, nor there were any scandalous allegations either against husband or his family members - Isolated incident regarding filing of complaint to the commanding officer of husband, which was not even proved as per law, was not sufficient to prove cruelty -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Marriages are not to be dissolved merely because spouse seeking divorce is desirous of it - Even irretrievable breakdown of a marriage is no ground for divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - No serious allegations of cruelty as such levelled - Nothing pleaded or proved that it had become impossible for husband to live with wife on account of her conduct as would amount to absolute torture - More so, husband admitted that he cohabited with wife ignoring the past, thus, acts of cruelty prior to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree - Decree of divorce by mutual consent is entirely different from a consent decree passed by a Civil Court in non matrimonial matters - When there is violation of formalities and requirement prescribed u/s 13-B of the Act or there is allegation of fraud, undue influence, coercion,..........
Protection of Women From Domestic Violence Act, 2005, Section 26 -- Permanent alimony - Divorced wife is entitled to claim permanent alimony post divorce, as such claim is a continuing one which continues from day to day - Institution of proceeding by aggrieved lady to such relief cannot be said to be impermissible on the ground that she has been divorced and no domestic..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12, Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Limitation - Domestic violence in the form of `economic abuse' continued even after divorce on a day to day basis and proceedings u/s 12 of the Act cannot therefore be said to be time barred on that score...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Husband contracting second marriage during subsistence of first marriage - Relief of divorce sought by husband cannot be granted to him as he disobeyed the law by contracting second marriage - Husband cannot be permitted to take advantage of his own wrongs - Petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty - Wife used to make false allegations and also indulged in character assassination against husband - False case was also made against husband and his family members in which all of them were acquitted - Wife subjected husband to physical and mental cruelty as she used to misbehave and humiliate him in front..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife remained in the company of husband for few months and thereafter she went to her parents house and refused to come back - Wife joined husband in proceedings u/s 9 of the Act and again left his company without any cogent reason - Husband always ready and willing to keep the wife with him - It is the..........
