Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Irretrievable break down of marriage - It is only the Supreme Court of India, which can, in exercise of its extra ordinary powers under Article 142 of the Constitution of India, can grant divorce on the ground that marriage had broken down irretrievably...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Since at the first motion both the parties are supposed to join together in presenting petition u/s 13-B of Act, then second motion should also be moved by parties jointly - It implies that even during second motion mutual consent shall subsist - Mutual consent shall be expressed by both the parties..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - If conduct of wife is abominable, she is not entitled to claim any amount from husband - Moreover, wife having sufficient income as a medical practitioner working as freelance consultant and she also suppressed material facts with regard to her investments in shares and mutual funds - Impugned order of Family..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - A spouse claiming permanent alimony must come forward by disclosing all necessary facts, with regard to her income, properties etc. in the petition...........
Hindu Marriage Act, 1955, Section 12(1)(b)(c) -- Annulment of marriage - Suppression of mental disorder suffered by wife - Evidence on record shows that wife suppressed material fact that she was suffering from Bipolar Mood Disorder at the time of marriage or before marriage and obtained husband's consent for marriage by suppressing the same - Disorder suffered by wife is..........
Hindu Marriage Act, 1955, Section 12(1)(b)(c) -- Annulment of marriage - Suppression of illegal and immoral relationship of wife with third person - Wife was having immoral relationship with a third person before and after marriage and such fact is concealed while obtaining consent of husband for marriage - Family Court rightly declared the marriage as null and void...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband contended that reckless and wild allegations were made by wife against his character in the presence of his friends and relatives which amounts to cruelty - However, nothing was mentioned in the divorce petition that wife said so in the presence of any friend and relative - No such friend and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband alleges that his wife treated him with cruelty but in reality wife was subjected to cruelty for not bearing a male child - Since other daughter-i, law of family had two sons, whereas elder son of family had only female child, it is likely that desire for a male child led the husband and his family..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion - Since wife did not conceive for almost 11 years after birth of her daughter, relations between parties worsened and life of wife was made hell and ultimately she was turned out of her matrimonial home - Moreover, husband was not prepared to keep his wife with him - Husband showed ignorance as to whether..........
Hindu Marriage Act, 1955, Section 5(i), 11 -- Annulment of marriage - Wife suppressed the factum of her earlier two marriages which were subsisting at the time when she married to respondent husband - Neither wife nor her mother denied the factum of earlier marriages - Plea of wife that she was minor at the time of earlier marriages rejected as she does not have any..........
