Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - In a given case, where marital relationship has broken down irretrievably and there is a long separation and absence of cohabitation with multiple Court cases between parties, then continuation of such a marriage would only mean giving sanction to cruelty which each is..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement in between parties during pendency of appeal - Terms of settlement found lawful - Ex parte divorce decree already granted and wife will no longer assail the same as she has accepted the said dissolution of marriage - Appeal disposed of in terms of settlement agreement - Settlement agreement shall be read as part..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial dispute - Children have right not to have their legitimacy questioned frivolously before a Court of law, is part of their right to privacy - They are not subjected to forensic/DNA testing particularly when they are not parties to divorce proceeding. (As per judgment of B.V.Nagarathna, J.)..........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Husband and wife both are in Government service in Jaipur - It is not just and proper to transfer case outside Rajasthan to a remote place in Kurukshetra in Haryana at the instance of wife - Father-in-law of wife was Assistant Superintendent of Police but he has now retired - There is no allegation in..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - False promise of marriage - Prosecutrix being a married woman and mother of three children was matured enough to understand the significance of moral or immoral quality of act she was consenting to - Moreover, prosecutrix had gone to stay with accused during subsistence of her marriage with her husband - Prosecutrix knows..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Dispute between parties settled - In terms of memorandum of settlement, decree of divorce by mutual consent, in exercise of jurisdiction under Article 142 Constitution of India, passed - All criminal proceedings between parties quashed and Transfer Petitions also disposed of...........
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 -- Divorce - Irretrievable break down of marriage - Husband performed second marriage after decree of divorce - Considering passage of more than 2 decades of separation of parties, children born from second marriage and child from marriage between parties already married, divorce granted on the ground of irretrievable breakdown of..........
