Hindu Marriage Act, 1955, Section 13, 25 -- Divorce - Mental and physical cruelty - Wife not ready and willing to reconcile and to cohabit with husband - Wife and her family members filed false criminal case against husband and his family members which tantamount to mental and physical cruelty - Animus deserendi also proved against wife - Parties litigating and living..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - In a matrimonial dispute, even a trifle incident can acquire shape of mental or physical cruelty by a spouse vis-a-vis the other spouse - Matrimonial Courts while construing the word "cruelty" are required to delve deep into the matter to unearth the truth...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance - Widow daughter-i, law - Seeking maintenance from father-i, law who was in custody of entire estate of her deceased husband - Held, widow daughter-i, law is entitled to maintenance from the estate of her husband...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance - Widow daughter-i, law - S.19 of the Act is an enabling provision under which a right of a widowed daughter-i, law to receive maintenance from her father-i, law is recognized...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance - Widow daughter or widow daughter-i, law - Widow daughter qualifies as a dependent only when she cannot get any maintenance or due maintenance from her father-i, law - First obligation to maintain widow daughter-i, law is always on father-i, law - It shifts to father of such widow only in case of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Making consistent phone calls and maintaining a relationship with another person during subsistence of marriage - Amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(i)(ia), 24 -- Appeal against dismissal of petition filed by wife for dissolution of marriage - Husband directed to pay litigation expenses - As a consequence of non payment of litigation expenses defence of husband struck off - Appeal preferred by wife allowed...........
Hindu Marriage Act, 1955, Section 7, 9 -- Validity of marriage - Registration of marriage by itself is not a proof of valid marriage and is not a determinative factor regarding validity of a marriage...........
Hindu Marriage Act, 1955, Section 7, 9 -- Validity of marriage - A valid marriage can take place only on performance of the ceremonies, that are prevalent in the particular community, to which the parties belong...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty & desertion - Wife stayed only for a month in matrimonial home - Petition preferred by husband u/s 9 of the Act was withdrawn as wife had shown her willingness to come to matrimonial home but subsequently she refused to return - After 5 days of withdrawal of petition by husband she preferred another..........
