Hindu Marriage Act, 1955, Section 13B, 23A -- Divorce by mutual consent - Second marriage by wife - Where decree for dissolution of marriage was sought by parties by mutual consent, situation contemplated u/s 23-A of the Act was not at all existing - Provision of S.23-A of the Act, thus, could not have been invoked by Family Court so as to deny relief claimed by parties to..........
Hindu Marriage Act, 1955, Section 13B, 17 -- Divorce by mutual consent - Second marriage by wife - If application u/s 13-B of the Act is granted by Family Court, offence u/s 494 IPC if any committed by wife shall not stand obliterated...........
Hindu Marriage Act, 1955, Section 13B, 17 -- Divorce by mutual consent - Second marriage by wife - Offence u/s 494 IPC - Merely on basis of revelation of factum of second marriage by wife during conciliation proceedings, no definite conclusion could have been drawn by Family Court that wife has committed an offence u/s 494 IPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation of illicit relationship of husband with another lady - Such allegation not proved - It is a grave assault on character of husband, honour, reputation, status and health - For such mental pain, agony and sufferings inflicted on husband, it cannot be reasonably expected of him to still..........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Suppression of earlier marriage by wife - Husband aware about earlier marriage of wife - Son born out of marriage of appellant and respondent - Even husband had knowledge about customary divorce taken place between wife and her earlier husband at the time of his marriage with wife - Husband thus, cannot..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife used to misbehave, argue and quarrel with husband and his parents - She started living separately in her parental house - Wife used to create scene in nursing home of husband's father and also threatened husband and his parents to implicate them in false cases - Father of husband filed FIR..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Divorce proceedings - Written statement filed by wife was accepted by Court below - Time lapsed between date when application u/s 24 of Hindu Marriage Act was allowed and date on which written statement was filed should be taken which is only 67 days, it cannot be said that there..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Both parties not produced any documentary evidence regarding their income - There are no issues out of alleged wedlock between parties - Sum of Rs.8000/- as fixed by Family Court as interim maintenance is on higher side and same is reduced to Rs.6000/-, which will be sufficient sum for wife to maintain..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - No cogent, much less any reliable evidence is forthcoming that wife had been indulging in cruel behavior right from very beginning of their marriage, as contended by husband - Even allegation qua her illicit relations with some boy in England does not deserve any credence in absence of any..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Evidence on record shows that it was husband who returned to India after leaving behind wife in England - Even, husband on his return to India filed a criminal case against wife - Husband had levelled totally vague allegations against wife, which are not supported by any shred of evidence - Even..........
