Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - A spouse who creates uncongenial and unfavourable atmosphere for the other spouse compelling him or her to leave matrimonial house, cannot plead the ground of desertion...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Enhancement of maintenance - Desertion by husband - Husband employed in BSNL and drawing fairly good amount as salary whereas wife has no income whatsoever - Husband is under obligation to maintain her - By any standard, Rs.1,500/- p.m. is insufficient for an individual to lead life with basic necessities -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Brother, attorney of petitioner, can make statement at the second motion - Trial Court cannot compel the personal presence of petitioner - Trial Court can refuse to record the statement of attorney if he is not duly constituted attorney and if Court comes to conclusion that averments contained in joint..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20 -- Maintenance to wife and son - Grant of maintenance of Rs.10,000/- per month to wife and Rs.8,000/- per month to son - Husband not able to plead or prove that wife is employed or carrying on any vocation or having any earning therefrom - Merely because father or brother of wife may be helping her, is no reason to..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Enhancement - Husband had significant assets and he suppressed evidence and information of his true income - In assessing financial ability, one must have regard not only to disclosed sources of income but also to the true state of affairs as revealed by cross-examination - Husband held number of bank accounts and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegation by husband against wife that she was seen in the company of an unknown person - No evidence to prove this fact - Unfounded and false allegation amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere trivial irritations, quarrels, lack of affection, frequent rudeness of language and petulance of manner do not amount to cruelty and cannot be made basis for dissolution of marriage...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income tax returns are inconclusive in determining award of maintenance in matrimonial proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Divorce petition filed in India by wife - Husband living in U.K. and having adequate income from business - Held, Family Court rightly held that wife entitled to monthly maintenance of Rs.75,000/-...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Ground of cruelty needs to be proved with reference to specific acts and omissions - Mere fact that one of the spouses is living separately cannot by itself constitute cruelty...........
