Hindu Marriage Act, 1955, Section 13, 23(1) -- Divorce - Petition by wrong doer - When spouse sues for dissolution of marriage after taking advantage of his or her own wrong or disability also, S.23(1) of the Act empowers Court to refuse relief sought notwithstanding that truth of allegation was not denied specifically or by necessary implication...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condonation of cruelty - Reunion of spouses for a temporary period during pendency of proceeding for divorce pursuant to settlement of matrimonial issues will not defeat claim for dissolution of marriage on the ground of alleged condonation of cruelty nor will it bar continuance of proceeding when their..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Act of cruelty once condoned could certainly revive and give rise to a cause of action for dissolution of marriage, when offending spouse exploits and takes unfair advantage of generosity or benevolence shown by wronged spouse and takes to matrimonial misdeeds over again...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Parties living separately after three months of marriage - There was no cohabitation - No attempt was made by wife to rejoin husband - Wife admitted that husband did ask for cohabitation, which she refused - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(v) -- Divorce - Venereal disease - HIV - Petition by husband - Concealment of fact by wife regarding her being HIV positive from husband - Husband is entitled to decree of divorce - Divorce granted...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Where matter regarding divorce petition is disposed of, wife cannot file any application for permanent alimony in such disposed matter - Application dismissed being not maintainable...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Maintenance pendente lite - Production of documents of income of husband - For deciding application u/s 24 of Hindu Marriage Act, documents pertaining to income of husband are relevant - Furthermore children of parties are also entitled to enjoy the same status which they would have..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Every behaviour of a spouse may not amount to cruelty but it may be by way of reaction to conduct of his/her spouse...........
Hindu Marriage Act, 1955, Section 24, 26 -- Interim maintenance to child - No such provision u/s 24 of the Act - However, Court in exercise of power u/s 26 of the Act can always grant interim order for maintenance and education of the minor child...........
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27(d) -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately since 2014 - Marriage between parties has broken - Deed of Agreement is signed and disputes have been settled to convey to Court that parties did not want to live together - Continuation of such marriage will..........
