Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights by wife - Ground of cruelty not established by husband - Husband abandoned wife without sufficient cause - Since husband left matrimonial home without sufficient cause, Family Court rightly ordered restitution of conjugal rights in favour of wife -..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Cooling period - Not mandatory but directory - When there is no possibility of parties resuming cohabitation, cooling period is to be waived...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Maintainability - Husband has not filed application U.O.9.R.13 CPC on the ground of non-service of summons on him - Therefore, O.9.R.13 Second Proviso CPC is not attracted - Reliance on second proviso by wife is thus found to be misconceived -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 28 -- Ex parte divorce decree - Setting aside - In view of S.21 of Hindu Marriage Act, applicability of provisions of O.9.R.13 CPC cannot be ousted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife prioritized her academics or career - However, evidence on record shows that both parties are equally qualified and educated and pursuing their careers as they desire and both are not ready to compromise on each other's priorities and consequently, have some..........
Hindu Marriage Act, 1955, Section 10 -- Decree of judicial separation can be granted in a petition filed for divorce - However, no such power is contemplated in a petition filed for restitution of conjugal rights...........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - Conduct of wife in repeating verbal abuse, unfounded allegations and institution of baseless complaints, amounts to cruelty within the meaning of S.13(i)(a) of the Act - Divorce granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - 14 years of separation is a significant factor that cannot be ignored - Divorce granted...........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Grant of Rs.30,000/- P.M. to wife and child affirmed - However, taking into consideration the age of child being 13 years and escalation in living expenses and increasing costs associated with education, monthly maintenance enhanced to Rs.40,000/- from the date of order of High Court...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Where properties are held by plaintiff as a member of Hindu Undivided Family for the benefit of Hindu Undivided Family and consideration was paid from known source of income of such Hindu Undivided Family, same cannot be treated as benami transactions...........
