Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - There was not even an iota of evidence to show that wife was responsible for any desertion and cruelty - Husband himself was responsible for separation between couple - Irretrievable breakdown of marriage had occurred because of husband himself, therefore, he could not take..........
Hindu Marriage Act, 1955, Section 5, 12 -- Validity of marriage - Marriage below the age of 18 (for girl) and 21 (for boy) is voidable at the instance of minor party...........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Girl was of marriageable age and boy was under 21 years of age at the time of marriage - Marriage below the age of 18 (for girl) and 21 (for boy) as the case may be is voidable at the instance of minor party - There is nothing illegal in getting marriage at the age of 18 but its consequences are governed by..........
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..........
