Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband performed second marriage and he has son and daughter from said marriage - It cannot be said that wife deserted husband, as she has just and sufficient ground to reside separate from husband - More so, petitions for restitution of conjugal rights shows that there is no..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - It is the pious obligation of husband to maintain his wife as per Hindu Shastra...........
Hindu Marriage Act, 1955, Section 24 -- Object of maintenance proceedings - Not to punish person for his past neglect but to prevent vagrancy by compelling those who can do so to support those who are unable to support themselves and who have moral claim to support...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - Provision for grant of maintenance is enacted for social justice and specially to protect women and children and it falls within Constitutional sweep of Art.15(3) of Constitution, reinforced by Art.39 of Constitution...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife withdrew her consent before the stage of second motion - Withdrawal of consent was after a period of 18 months of filing of petition on the ground that consent was given under duress and was without her free will - Wife stated that she never wanted divorce and is even now willing to live with husband..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except suit property other..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 13 -- Maintenance - Marriage solemnized in India - Decree of divorce by foreign Court - Foreign judgment cannot be enforced in India in the matrimonial cases wherein petitioner never submitted herself voluntarily to the jurisdiction of foreign Court - Mere filing of reply to the..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated that evidence of husband..........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Plea of marriage - Not acceptable as prosecutrix was taken away from complainant`s house on gun point and deadly arms - Even, Hindu Marriage Act does not permit such a marriage that too with a minor girl therefore, alleged marriage must be held to be void-ab-initio and having no..........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Plea of fraud - If fraud is played on a party then a separate suit has to be filed but if fraud has been played on Court, then review petition is maintainable...........
