Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Every matrimonial conduct which may cause annoyance to other may not amount to cruelty - But degree of cruelty necessary to amount to a matrimonial offence has also not been defined anywhere - However, it has been used in relation to human conduct, human behavior or in respect of matrimonial duties and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false criminal complaint against husband - Wife in connivance with her father made frantic efforts to falsely implicate husband and his family member in criminal cases with some ulterior motive and to get them harassed and tortured - Act of wife amounts to cruelty within the meaning of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Leading adulterous life by wife amounts to worse kind of mental cruelty to husband and conclusively marriage between parties had reached a dead end from where there is no chance of retrieval - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Parties entered into compromise before Supreme Court and requesting to grant decree of divorce u/s 13-B of Act - Court declined to accept such request but allowed the parties to take recourse by filing petition for divorce by mutual consent u/s 13-B of Act - As parties are not residing..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Husband failed to prove that wife had voluntarily withdrawn from his society rather it was due to act and conduct of husband that she was forced to leave matrimonial home under painful circumstances - Petition u/s 9 of Act preferred by husband was a counter blast to the divorce petition filed by wife -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Petition u/s 125 Cr.P.C. - Parallel proceedings - Maintainability - Divorced Muslim wife initiated proceedings for maintenance under provisions of Muslim Women Act and Domestic..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Petition u/s 125 Cr.P.C. - Parallel proceedings - Maintainability - Divorced Muslim wife initiated proceedings for maintenance under provisions of Muslim Women Act and Domestic..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence on record proved that husband was guilty of treating wife with utmost cruelty as he not only physically assaulted her and her daughter but also gave her mental pain by threatening her and pressurizing her to fulfill his illegal demands - Husband not even came forward to refute the allegations by..........
