Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Denial of marriage - Suit or proceeding filed by either party cannot be dismissed on the ground of no, maintainability - Court to frame issues which may be decided after recording satisfaction to the truthfulness of the statement made by the parties...........
Hindu Marriage Act, 1955, Section 13 -- Petition for divorce - Petition can be filed through power of attorney holder...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife ill-treated him and failed to take care of him being a dutiful wife and also deserted him - Wife in her cross-examination admitted that she never took any step at her instance or at the instance of her family members - Even, wife admitted that husband did not..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - It is not a ground for divorce under the Act - But, where marriage is beyond repair on account of bitterness created by acts of husband or wife or of both, Courts have always taken irretrievable breakdown of marriage as a very weighty circumstance amongst other necessitating severance of marital..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Both the parties living separately from the past 13 years - Neither of them, has filed any application seeking for restitution of conjugal rights - There is no possibility of reunion, as marriage tie between parties has become emotionally dead and same is beyond repair because of emotionally dead..........
Rajasthan Rent Control Act, 2001, Section 9(1)(d)(e), (j) -- Eviction petition - Sub-letting - No document is produced by tenant to show that `S' was engaged in business along with his sons - Even, no ration card showing joint Hindu family was ever produced by tenant - Moreover, tenant failed to establish defence of subletting which could have been a joint family property..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is duty bound to maintain his wife even during pendency of petition filed by him u/s 13 of Hindu Marriage Act in terms of S.24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband earning Rs.45,000 pm as his carry home salary - Wife on the other hand has no source of income to sustain herself - Even though husband has his parents and his sisters to look after, husband thus, duty bound to maintain his wife even during pendency of petition filed by him u/s 13 of Hindu Marriage..........
Hindu Marriage Act, 1955, Section 5 -- Validity of marriage - Marriage of Christian wife with Hindu husband - Wife embraced Hinduism before marrying with Hindu husband - Before marriage of parties, all rites and ceremonies for change of religion of wife were also performed - Marriage between parties held, valid...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Widow daughter-in-law - Maintenance by father-in-law - Widow daughter-in-law is entitled to be maintained by her father-in-law in case she is unable to maintain herself out of her own earning or other property and in case she has no property of her own and she is unable to obtain maintenance out of estate of her..........
