Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - No cohabitation between parties for one year of passing of decree - Divorce can be granted to wife irrespective of the fact that there was refusal to resume cohabitation by wife and petition for execution of ex parte decree for restitution..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Application is maintainable at appellate stage...........
Hindu Marriage Act, 1955, Section 25, 24 -- Maintenance - Merely because Family Court has passed an order of permanent alimony u/s 25 of Act, would not make the wife's application u/s 24 for interim maintenance pending appeal, not maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband had additional source of income over and above Rs.75,634 of gross yearly income disclosed by him - Husband directed to pay Rs.5,000 p.m to wife by way of maintenance pendente lite - This would be inclusive of Rs.1500/-, by way of permanent alimony fixed u/s 25 of Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Allowed half of the amount of what husband is earning when husband has to maintain himself only...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband earning not less than 12 lacs p.a and he has to maintain himself only, as his mother already own 50 acres of land in the same village - Husband can manage with half of the amount and half of the amount could be given to wife - Rs.50,000/- p.m. allowed as maintenance pendente lite and husband also..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Evidence though suggests separation but does not suggest animus i.e intention of desertion on the part of wife - Mere separation does not amount to desertion - Evidence of wife appears to be more cogent and reliable then husband as she lead more convincing evidence of her efforts to live with husband -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Merely because wife did not choose to file petition for restitution of conjugal right, she cannot be held guilty of desertion - As petition u/s 9 of Hindu Marriage Act is not a precursor to any proceedings or defence available to parties under the Act - It is a right independent of right to take defence..........
Hindu Marriage Act, 1955, Section 15, 13 -- Marriage dissolved by decree of divorce - Husband entered into second marriage whereas wife filed an appeal within the period prescribed for filing appeal - Held, a party cannot defeat a substantive right of other party which may accrue to latter in case of reversal of divorce decree in appeal by contending that summons were not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried major daughter - Only major daughters whether Hindu, Mohammedan, Parsi or Christian wherever their rights are recognized under any other personal law or statute for the time being in force, are entitled for maintenance at the hands of their father or anybody till they get married - If they are unable to..........
