Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere institution of criminal case by wife against husband and its family members will per se not constitute cruelty for the purpose of seeking divorce unless it is held by a Court of competent jurisdiction that said complaint/allegation was false and vexatious...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Neither Family Court nor even High Court has power to grant a decree of divorce on the ground of irretrievable break down of marriage - It is only Supreme Court which in exercise of its power under Art.142 of Constitution can dissolve marriage on the ground that marriage has..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried daughter - Can be treated as a dependent upon her father within the meaning of S.20 of Hindu Adoption and Maintenance Act and therefore, entitled to maintenance from her father...........
Protection of Women From Domestic Violence Act, 2005, Section 17, Hindu Adoptions and Maintenance Act, 1956, Section 4 -- In view of non obstante clause in terms of S.4 of 1956 Act, provisions of Act alone are applicable and anything and any liability in respect of maintenance of daughter-i, law on death of son cannot be fastened from the self-acquired property of parents...........
Hindu Law -- Joint Family Property - Mutation in the name of one of co-sharer - Does not confer right, title and interest over whole property in his favour - Does not entitled him to sell/transfer entire property...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed affidavit confirming contents of petition - No suspicious circumstances in affidavit - Personal attendance not required - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Where wife aborted her child without consent of husband and stayed long time in her parental home, said act of wife amounts to cruelty to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Even if wife aborted the child, without consent of husband, which amounts to cruelty to husband and stayed long time in her parental home, but same stood condoned as she came back to matrimonial home and lived with her husband for about 2 years - Thereafter husband cannot seek divorce on the same..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False case - Husband alleges that wife got registered a false case u/ss 107/151 Cr.P.C. against him - However, husband admitted that wife also moved an application before DC for her rehabilitation in her matrimonial home - Under those circumstances proceedings u/ss 107/151 Cr.P.C. had taken place,..........
