Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Memorandum of agreement entered between parties duly signed by parties and attested by their respective counsels for dissolving their marriage and resolving all matrimonial disputes - Decree of divorce granted as per terms and conditions of memorandum of agreement, held, proper...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Fraud and suppression of skin diseases of wife - Scar on body of wife - Evidence on record shows that husband and his family members were aware of said scar prior to marriage - Moreover, husband cohabited with wife and had physical relations with her even after knowledge of alleged fraud - More so,..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Evidence on record shows that husband and wife cohabited together and relationship between them was normal and continued without any problem - In such situation, withdrawal of husband from society of wife is unjustified - Moreover, plea of husband that wife suppressed the material..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Desertion of matrimonial home by wife - Not a ground to deny alimony altogether - However such conduct of wife can be relevant criteria for deciding quantum of permanent alimony...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Separate application for grant of permanent alimony is mandatory even if maintenance pendente lite had been granted during the pendency of proceedings...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Quantum - Keeping in view the reduction in income of husband and that he is also required to look after his aged parents and that wife has professional qualification and has capacity to earn and also conduct of husband himself having offered Rs.12 lacs for settlement in 2012, amount of permanent alimony as granted..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Conduct of wife having left the matrimonial home nearly 11-1/2 years ago without taking any steps for revival of matrimonial relationship establishes that she had animus deserendi not to return to matrimonial home from the very inception - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife gave no explanation that if husband wrongly deserted her than, why she took 11-1/2 years to file suit for restitution of conjugal rights and that too only after suit for divorce filed by husband - Family Court rightly concluded that suit for restitution of conjugal rights was..........
Hindu Marriage Act, 1955, Section 5, Evidence Act, 1872, Section 114 -- Presumption of marriage - May arise even on proof of prolonged cohabitation...........
Hindu Marriage Act, 1955, Section 11, 12, 5(3) -- Void marriage - Minor wife - Breach of condition u/s 5(3) of the Act requiring bridegroom to be 21 years of age and bride to be 18 years of age at the time of marriage - Does not render the marriage void or voidable u/ss 11, 12 of the Act - Rejection of divorce petition on the ground that marriage involving a child being..........
