Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19(1), Hindu Marriage Act, 1955, Section 28(4), 13 -- Decree of divorce - Appeal against - Limitation to file appeal is 90 days - Since appeal is filed within a period of 90 days as such there is no need to entertain application for condonation of delay...........
Indian Penal Code, 1860, Section 498A, 406, 323, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Wife developed primary infertility with premature menopause - Husband in such traumatic situation asked wife for divorce by mutual consent which amounts to mental cruelty which effected life and health of wife - Prima facie case is made out against accused -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To determine degree of cruelty allegedly inflicted upon spouse, same would have to be inferred from consequences of the act and not from the act alone...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Leaving wife in penury by husband without offering anything to sustain in life, despite order from Court, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite has to be construed as an incident of cruelty caused by husband upon wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Petition by wife - Husband contended that allegation of physical cruelty in absence of medical record does not lead any credence to allegations of her being subjected to cruelty - Contention rejected, as in matrimonial disputes, wife and family members try to solve matrimonial disputes at their own..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Earlier petition for divorce filed by wife was withdrawn on assurance of husband that he will live with her with love and dignity but he failed to honour the promise and again subjected her to atrocities mental and physical - Wife is living separately along with child - Defence of husband..........
Mohammedan Law -- Divorce (Khula) - Private bodies such as Shariat Council cannot pronounce or certify dissolution of marriage by Khula, as they are not Courts or Arbitrators of disputes - However, it is open for a Muslim Woman to exercise her inalienable rights to dissolve marriage by Khula recognized under Muslim Personal Law (Shariat) by approaching Family Court -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal of petition on the ground that petition has been filed prior to one year of parties living separately - Even if separation of parties is to be taken from 01.09.2020 the impugned order was passed on 13.12.2022 and by then statutory period had elapsed - Both the parties have affirmed their..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce petition - Res judicata - Petition for dissolution of marriage on ground of cruelty, desertion and adultery is not precluded from suing again, on the same grounds, provided relief is founded on new facts...........
