Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Decree alleged to be the result of fraud and coercion - Wife failed to narrate any fact of force or coercion before presiding officer or her counsel at the time of passing of decree when Court inquired with parties to ascertain their free consent/collusion - Even during pendency of appeal wife..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Marriage between parties has broken down irretrievably and there is no chance of their coming together or living together again - Not to grant decree of divorce in such circumstances, would be disastrous for parties - Decree of divorce granted to parties...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Allowing father of husband to represent husband being his power of attorney holder - Wife having no objection if father of husband is allowed to participate in the proceedings - Order refusing father to participate in the proceedings set aside...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months waiting period - Parties filed affidavit of living separately since July, 2018 - Their application cannot be rejected on the ground that it is not supported by any documentary evidence - Impugned order set aside - Waiting period of six months waived...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to maintenance u/s 125 Cr.P.C once she had taken resort to proceeding u/s 125 Cr.P.C. notwithstanding availability of alternative remedy provided under Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband and wife lived together for 24 days after compromise arrived at between them - However, it was discovered that wife was carrying pregnancy of 40 days - Husband's left leg was fractured and he was not in sexual contact with wife during said period - It is thus, evident that wife..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lodged false criminal case against husband and in-laws after passing of more than period of 12 years from date of her marriage - However, husband and in laws have been acquitted from the charge, which caused mental cruelty to husband - Moreover, husband and wife living apart for..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement arrived at between parties for dissolution of marriage by a decree of divorce by mutual consent - On perusal of its terms the same found to be lawful and there is no reason as to why the same cannot be accepted - Parties living separately and there is no possibility of reconciling the dispute..........
Constitution of India, 1950, Article 142 -- Parties from different States - Settlement entered into between parties - Settlement deserves to be accepted - All proceedings pending between parties stands disposed of in terms of settlement - Decree of divorce by mutual consent granted as prayed by parties - Marriage between parties dissolved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Even one complaint lodged by wife found to be false against husband and his family members amounts to cruelty...........
