Hindu Marriage Act, 1955, Section 5, 13(1)(ia) -- Divorce - Husband contended that without seeking cancellation of marriage certificate, divorce petition is not maintainable - Contention rejected as registration of marriage is for the purpose of facilitating the proof of marriage and not the condition for seeking divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband with 90% vision defect misrepresented himself a Mechanical Engineer - He was not prepared to undergo a medical test, which strongly suggest that husband did have a defect in his vision - Rather he put forth an unreasonable demand for a virginity test while standing in the dock in an open..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Major unmarried daughter - Entitled to get maintenance from her father if she is unable to maintain herself out of her own earnings or property...........
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Condonation of delay - Husband got remarried after expiry of appeal period - Allowing application of wife for setting aside ex parte decree at this stage would defeat the rights of husband after divorce, particularly when delay..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Cruelty by wife - Burden of proof - Burden is on husband to prove his case, and not for wife to prove the negative...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of dowry demand by wife upon husband and his family members - Merely because allegations may not be believed on appreciation of evidence, it does not lead to conclusion that they are out rightly false and led to mental cruelty to husband - Decree of divorce in favour of husband on the ground of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Can be granted only when an application is filed for the said purpose...........
Protection of Women From Domestic Violence Act, 2005 -- Merely because various litigations like criminal prosecution, civil suit and other matter in relation to Hindu Marriage Act are pending between parties, there is no bar for continuation of any proceedings under the Act, as the Act is for protective orders and same is not regarding any offence...........
Constitution of India, 1950, Article 226 -- Habeas corpus - Custody of minor - Claimed by parents of minor - Detenue, a minor girl who eloped with respondent was presently staying with him, who claims to be her husband - Since detenue is minor, marriage not in consonance with S.5 of Hindu Marriage Act - Detenue cannot be permitted to take decision on her own - However,..........
Hindu Marriage Act, 1955, Section 27 -- Applicability - S.27 of Act can be invoked by Family Court only if there is a decree sought for under any of provisions of Hindu Marriage Act - Pre dominant ingredient of said provision is that property must be belong jointly to both husband and wife...........
