Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Protection of Women From Domestic Violence Act, 2005, Section 13 -- Proceedings u/s 125 Cr.P.C, S.24 of Hindu Marriage Act and S.12 of PWDV Act can run simultaneously...........
Hindu Marriage Act, 1955, Section 13B -- Divorce - Amicable settlement between parties - Parties agreed to obtain a decree of divorce by mutual consent on payment of permanent alimony in sum of Rs.40 lakhs to be paid by husband to wife - Divorce proceedings thus, converted from S.13 of the Act to S.13-B of the Act - Marriage dissolved by mutual consent with immediate..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19), 6(16) - - Specific endowment - Rock inscription in `Bakers Choultry' which governs the functioning of choultry provides for feeding of Brahmins during specified religious festivals - This is clearly a charity which benefits the `public' - Such rock inscription creates a `specific endowment' as..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Appeal thereagainst - Counsel of husband directed to secure the presence of husband - Counsel of husband stated that he could not get in touch with him - Entire proceedings before Family Court orchestrated in such a way to defeat legitimate right of wife and also maintenance to minor child born..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation by husband that wife is overly attached to her parents or not knowing basic cooking or being rude to him - Cannot be said to constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of husband in leveling scandalous and malicious allegations of adultery against wife, not substantiated by any evidence, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Acts of abusive behavior and cruelty attributed to wife are general and vague, as there are no particular or specific instances alleged nor is there any shred of evidence in support thereof - Repeated complaints filed by wife before authorities concerned to seek their assistance as..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Constructive desertion - Petition by husband - Various complaints were filed by wife and repeated compromises effected between parties - Husband himself failed to adhere to various compromises arrived at between parties and created a situation which forced wife to stay away from her matrimonial home - He had been..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Wife intentionally and purposely trying to prolong litigation between parties by choosing not to appear before Mediation Centre and High Court and inflict mental cruelty on husband - Under such circumstances husband cannot be expected to live with wife and jeopardise his well..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Husband re-married after getting ex parte decree and first child begotten from said marriage - Marriage between parties irretrievably broken down - It is thus, appropriate to end the relationship between husband and wife and dissolve their marriage - However, since husband never contributed towards..........
