Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - After deductions real income of husband was in the range of Rs.40,000/- to Rs.45,000/- - No interference to the findings of Family Court with regard to payment of additional sum of Rs.10,000/- is called for - Husband is at liberty to rent out the property and rent received to be apportioned equally by the..........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Annulment of marriage - Impotency of husband - No consummation of marriage due to impotency of husband - However, husband stated that he was suffering from jaundice and was medically advised not to cohabit for few days - No document on record about alleged ailment of husband - Wife stayed in matrimonial home for about seven..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor through next friend - When next friend has no interest adverse to minor then there is no basis to question the eligibility of next friend - Next friend need not necessarily to be a guardian and therefore provision of S.11 of Hindu Minority and Guardianship Act has no application as the same deals with..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Applicant in a maintenance proceeding u/s 24 is entitled to the same standard of living as they would have enjoyed if the dispute had not occurred...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Factors to be taken into account are : (a) Status of the parties; (b) Reasonable wants of the claimant; (c) The independent income and property of the claimant; (d) The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home; (e) Non-applicant's..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband Rs.2.7 lacs p.m. - Husband has no other liabilities except to maintain his wife and three years old daughter - Applicant in a maintenance proceedings u/s 24 is entitled to same standard of living as they would have enjoyed if dispute had not occurred - Maintenance awarded Rs.50,000/- p.m...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - As a counter blast to the petition filed by husband for restitution of conjugal rights wife got registered a criminal case u/s 498-A IPC against husband and his family members - Wife was not interested in living with husband because according to her cruelty had been meted out to her - Husband after withdrawing petition u/s..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Only a competent court can grant decree of divorce - Divorce cannot be granted to a party governed by Hindu Marriage Act or Special Marriage Act, based upon any consent letter between them...........
Hindu Marriage Act, 1955, Section 16(c), Bombay Regulation Act, 1827, Section 2 - - Legitimacy of children of void marriage - Legal heirship certificate - Petitioner No.1 married deceased during the subsistence of his first marriage - Marriage of petitioner No.1 is void and she cannot be considered as a legal heir of deceased - Children born out of such void marriage would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - It is not every act which is deemed reproachable by the complaining spouse, but aggravated conduct which makes life with the other spouse unbearable that constitutes cruelty...........
