Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Right of residence claimed by wife - Entire case of wife is not to stay with husband but a residence for herself - Husband is a retired bank employee and getting monthly pension of Rs.14,000 - Keeping in view the financial status of husband, husband directed to pay Rs.17,50,000 to wife as one time permanent..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 151 -- Divorce decree - Expunging of remarks against wife - Observation/fact that "she was living with her bahnoi" - Plea by wife that it is casting aspersion and stigma on her personal character - Husband having no objection for expunging the remark - Said remark expunged from the judgment...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - Petition by wife - Wife alleges that husband forced her to share bed with his friends and colleagues - Such fact is supported by PW2 - Husband subjected wife to mental cruelty by pressuring and coercing her to do such act which cannot be justified and expected from..........
Hindu Marriage Act, 1955, Section 7, Specific Relief Act, 1963, Section 34 -- Suit for declaration that marriage between parties is null and void as no marriage was performed according to Hindu rites - Categoric statement of Granthi of Gurdwara, which goes unrebutted, stating that there was no ceremony performed at the Gurdwara on the day of marriage - Once statement of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife being permanent govt. employee living at a place other than the place where husband is living - It does not amount to neglect of her matrimonial obligations - Withdrawal of wife from the society of husband cannot be said to be intentional - Husband cannot be said to be a wronged party - Decree of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Grant of maintenance either under Hindu Marriage Act or Hindu Adoption and Maintenance Act or S.125 Criminal Procedure Code or S.20 of Protection of Women from Domestic Violence Act - An order passed in either of the proceedings does not debar re-adjudication of the issue of maintenance in any other Court...........
Hindu Marriage Act, 1955, Section 26 -- Custody of two minor children - Claim by wife - Parties are livings separately since 2015 - Children are in care and custody of father - Love and affection of both the parties is necessary for upbringing of children - Impugned order of dismissing application of wife for custody of children set aside - Matter remitted back to Family..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Agreement regarding payment of money to wife not signed by both the spouses are not binding upon them - Said agreement was executed by respective father of parties and mediator - Agreement thus, not a bar to claim permanent alimony by wife...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - No document is filed to show income of wife, thus she is unable to maintain herself - Husband on the other hand does not show that he is unable to earn - He has no other liability except wife - Husband had sufficient income derived from joint family properties - Wife needs security however meager may be -..........
Hindu Law -- Joint family property - Sale of part of property - Where a share holder of joint family property executes a sale deed in respect of a particular part of joint family property, purchaser would only get interest as joint holder and he is not entitled to claim specific property and he can only claim partition in undivided joint family property...........
