Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage after receipt of notice of application to set aside ex parte decree - An incapacity for second marriage for a certain period does not have effect of treating former..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife left house of husband without his consent and is living separately for a continuous period of 2 years without any reasonable cause - No evidence on record that she made any attempt to live with her husband after her leaving him - Intention of wife to end cohabitation permanently also..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty upon husband - Wife refused to discharge her marital obligations - She left matrimonial home without consent of husband and without intimating him - Wife misbehaving with husband, his parents and other relatives - More so, wife took contraceptive pills and aborted her pregnancy without consent of..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Marriage between parties damaged beyond repair - Long separation between parties cannot be reunited - Decent burial is thus, necessary to be given to this marriage - Divorce granted...........
Hindu Law -- Ancestral property - Mere admission of the nature and character of the property as ancestral would not clothe it ancestral unless and until onus to prove the same has been discharged...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and PW2 also attended the marriage -..........
Hindu Adoptions and Maintenance Act, 1956, Section 3(b)(ii) -- Maintenance to unmarried daughter - Daughters who are grown up and living with mother and maintained by mother who is employed and earning salary, they are entitled to get financial assistance from their father at the time of their marriage...........
Will -- Probate - Rights of executor or legatee - Probate is essential for assertion of rights accruing through a Will executed by a Hindu, Buddhist, Sikh or Jain provided Will is executed within the territories of erstwhile Governor of Bengal, Madras and Bombay High Court, even though properties are situated outside such territories - Probate is also necessary if Will is..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Divorce petition filed by husband - Transfer of petition - Wife lodged FIR u/ss 406, 498-A IPC and initiated proceedings under Domestic Violence Act and u/s 125 Cr.P.C. against husband at Jalandhar - Thereafter husband filed petition u/s 13 Hindu Marriage Act at Ludhiana - Wife having no..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Fraud - Concealment of previous two marriages of wife - Husband contended that wife not disclosed at the time of negotiation before or at the time of solemnization of marriage about her earlier marriages - Concealment of earlier marriage or divorce would provide a ground to husband to seek annulment of..........
