Hindu Marriage Act, 1955, Section 12(1)(c), 13(1)(c) -- Annulment of marriage - Petition filed by husband - Grant of decree of nullity - Not necessary to ground decree of divorce on ground of cruelty as when it is held that marriage is a nullity, there is no question of dissolving marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Levelling of false allegations against husband, especially as to demand of dowry and failing to prove the same would tantamount to cruelty...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Material fact - Not only includes such facts and circumstances which would materially interfere with a happy married life - But a fact though it may not seriously interfere with marital life of party but would be of such a nature, which if disclosed, would result in either of party not consenting for..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Wife suffering from Sickle cell disease - Wife and her parents were aware about her disease before solemnization of marriage and said fact was concealed by them from husband - Sickle cell disease is not curable and wife who suffered a paralytic attack within three months of her marriage due to said..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of complaints by wife - Merely filing of complaints is not cruelty, if there are justifiable reasons to file the complaints - Merely because no action is taken on the compliant or after trial accused is acquitted may not be ground to treat such accusations of wife as cruelty within the meaning of the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false complaints by wife - Amounts to cruelty and divorce granted to husband on that basis - However, wife cannot be denied to have a decent house where she can live - Keeping in view the status of parties, husband directed to pay Rs.50 lakhs as one time permanent alimony and R.1 crore for the..........
Hindu Succession Act, 1956, Section 4, Constitution of India, 1950, Article 240, Pondicherry (Laws) Regulation, 1963, Section 2(2A), 3 -- Applicability of Hindu Succession Act - S.4 of 1956, Act, has overriding effect on all the customs - Therefore, Hindu Succession Act alone apply to the Hindus residing in Pondicherry except renouncants who renounced their personal status..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - 25% of husband's net salary would be just and proper to be awarded as maintenance to wife...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Amount of permanent alimony awarded to wife must be befitting the status of parties and capacity of spouse to pay maintenance...........
