Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim by husband - Husband physically impaired due to accident - Percentage of disability 51% - No evidence on record which shows that husband is not in a position to earn anything at all for his own maintenance - Husband having qualification in the matter of imparting computer education and fortunately..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Merely because wife residing near her place of work, does not raise an inference that she intended to sever the relationship and is therefore guilty of desertion particularly when she was looking after two minor children...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband alleges that wife levelled allegation of impotency upon him - However, evidence on record shows that if wife levelled an allegation of impotency against husband, she would not have returned to her matrimonial home nor would husband insisted on resumption of matrimony - Moreover, there..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband - Wife produced letter allegedly written by husband to his sister-i, law (bhabhi) indicating his illicit relations with his bhabhi - However, said letter not proved on record to be love letter and showing any illicit relationship of husband as alleged by wife - But presenting said letter by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false criminal cases against husband - Not only amounts to mental cruelty to husband but also causes harassment and loss of reputation particularly when husband is acquitted from such cases - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband by wife - Proved on record - Marriage has irretrievably broken down by parties as they are living separately for the last 14 years - They have not been able to patch up by Courts and mediation proceedings - Reconciliation and restoration of matrimonial home of parties is not possible under..........
Hindu Marriage Act, 1955, Section 5 -- Dissolution of marriage - Marriage solemnized between parties as per Christian Marriage Act, thus, it cannot be dissolved as per S.5 of Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation of cruelty must be supported by cogent pleadings and material particulars with regard to date, time and month - However, where cruelty is physical, it must disclose the nature of assault and injuries...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty by husband - Repeated physical assault in drunkard condition - No evidence on record that husband is a habitual drunkard or that he was booked under Punjab Excise Act - Nor any medico-legal report produced to prove allegation that husband beat his wife under influence of liquor - Material particulars..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Allegation of demand of dowry, i.e demand of money, a motorcycle, a buffalo, some of which wife and her witnesses state they satisfied - However, father of wife failed to prove the source of money - More so, these allegations were made subject matter of an FIR u/ss 406, 498-A & 506 IPC, but same..........
