Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object of S.24 of the Act is to provide for maintenance pendente lite to a spouse in a matrimonial proceedings so that during pendency of proceedings spouse can maintain herself/himself and also have sufficient funds to carry on litigation so that spouse does not unduly suffer in the conduct of case for..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband having flourishing business - He has 21 vehicles - Husband paying monthly EMIs for said vehicles taken on finance - Cogent proof of exact amount paid towards EMIs not disclosed by husband - Presumptive income of Rs.10,000 per vehicle is justified keeping in view the monthly withdrawals which..........
Motor Vehicles Act, 1988, Section 166, Hindu Succession Act, 1956, Section 14 -- Appeal - Window - Even if remarried, shall be entitled to compensation both as legal representative and as well as legal heir of deceased husband...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Settlement arrived at between parties - Entire dispute between parties and pending cases finally settled - Parties are living separately for more than five years - Keeping in view of the fact that husband has to go back to his work place in U.S.A and wife had to think..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Cannot be defined through a straitjacket formula - Mental cruelty can at times cause more grievous harm than physical cruelty - In cases of mental cruelty the facts need to be delved into - Court is required to reconstruct the mental process as well as extrapolate the effects of such incidents..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - When whole conduct of spouse shows instances of ill treatment including allegations which cast aspersions on the fidelity of other spouse which in turn could demoralize the affected spouse causing mental agony and stress then under such circumstances a strong case of mental cruelty exists...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Publication of an article in a newspaper referring to wife as adulterous and such fact admitted by husband during trial suggests a mental element in defaming wife to the world at large particularly when husband failed to prove such adulterous relationship of wife - Ground of mental cruelty upon wife..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Reason not assigned for living separately - Court not to probe such reasons and decide as to whether parties were justified in living separately - That is not the scope of provision of S.13-B of the Act - Ingredients of the provision satisfied - Decree of divorce granted...........
Prohibition of Child Marriage Act, 2006, Section 12 -- Marriage of girl aged 14 years with the boy aged above 18 years - Marriage is an offence u/s 9 of the Act - Till the minor child attains the age of majority, parties are merely contracting parties and not husband and wife - Question of handing over custody of minor to boy does not arise, as he cannot claim to be..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 21 -- Divorce - Medical examination - Matrimonial Court has power to order a person to undergo medical test - But, such power has to be exercised only in cases where applicant establishes a `strong prima facie case' and there is sufficient material before Court - Consequence of refusing to subject..........
