Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - Wife alleging statement in Court neither voluntary nor out of her free will and desire rather the same was a result of coercion, undue influence, threat and pressure exerted on her - Statement given in Court not voluntary - Decree of divorce by mutual consent set aside...........
Hindu Marriage Act, 1955, Section 23 -- A wrongdoer should not be permitted to take advantage of his or her own wrong - It is not only responsibility but a duty is cast on Court to satisfy itself that requirements of law in the Act are fully met and safeguards provided u/s 23 of the Act are duly observed - Terms on which emphasis has been laid upon are connivance,..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Application to be disposed of within 60 days of the date of service of notice on the opposite party...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Format of affidavit and documents to be attached therewith enumerated - Affidavit of assets, income and expenditure to be filed by both the parties, personal income relating to the deponent, Relevant information relating to the spouse, relevant information relating to the children, Statement of income,..........
Hindu Marriage Act, 1955, Section 24, 13(1)(ib) -- Divorce - Non payment of maintenance pendente lite as fixed by appellate Court - Defence struck off - It has effect of non existence of pleadings of husband in the eyes of law - Pleadings of wife has to be treated as un rebutted - Dismissal of petition set aside - Decree of divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Allegation made by wife against husband and her i, laws that they are not happy with her from beginning and accused her for dark complexion and infertility - Wife made allegation against her brother-in-law that he forcibly prepared suicide note from her - However, no evidence on record to..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Husband withdrawn himself from society of his wife - Withdrawal from society is permissible provided there is a reasonable excuse - But in present case, husband failed to show reasonable excuse for the same - Decree of restitution of conjugal rights, rightly passed - Order calls for no interference...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband - Cruelty - Improper behaviour, complaining nature and eye problem of wife are not issues sought to be relied upon so as to prove cruelty - Husband failed to prove any ground of cruelty - Refusal to grant divorce rightly, upheld...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 151 -- Maintenance pendente lite - Non-payment - Enforcement of order directing maintenance pendente lite - Court can exercise powers u/s 151 CPC to ensure and see that orders passed by Court u/s 24 of H.M. Act are given effect to and compiled with, when there is no specific, effective and speedy..........
