Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - To constitute mental cruelty : (a) first an inquiry must be made about nature of cruel treatment; (b) secondly its impact on the mind of spouse and (c) whether it caused reasonable apprehension that it would be harmful or injurious to spouse and ultimately, (d) inference has to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Acts of indifferent, non-accommodative nature, constant taunts on the husband's financial capacity, disrupting family relations and an extremely disrespectful attitude of wife is per se a conduct that would cause disquiet in the mind of husband - Such constant bickering and..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non compliance with decree of restitution of conjugal rights - Either party can seek divorce on the ground of non-compliance of decree for restitution of conjugal rights and Judgment Debtor cannot be precluded from exercising his right to avail the relief thereof...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8 -- Rejection of plaint - Suit for declaration that relinquishment deed is null and void - Grandson has no right in the suit property during life time of his father - Plaint rejected...........
Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Hindu Marriage Act, 1955, Section 11, 12 -- Void and voidable marriage - Grounds of S.12 of the Act are different from grounds as given in S.11 of the Act - Mere fact that petition u/s 12 of the Act is changed to S.11 of the Act by amendment, petition u/s 11 of the Act cannot be considered as per provisions of S.12 of the Act...........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Certificate of registration duly signed by wife clearly carries declaration that marriage was solemnized - There is no reason to disbelieve said documentary evidence of marriage and clear cut declaration therein - Therefore, bald oral assertion in absence of any cogent evidence cannot be accepted - Application u/s 11..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Rape - Quashing of proceedings - Accused is alleged to have married a minor girl/victim - Correct date of birth of victim is yet to be ascertained - Even if victim is found to be below 18 years at the time of..........
