Hindu Marriage Act, 1955, Section 15, 13 -- Marriage dissolved by decree of divorce - Husband entered into second marriage whereas wife filed an appeal within the period prescribed for filing appeal - Held, a party cannot defeat a substantive right of other party which may accrue to latter in case of reversal of divorce decree in appeal by contending that summons were not..........
Hindu Marriage Act, 1955, Section 28(4), Family Courts Act, 1984, Section 19(1), 19(3) -- Appeal - Period of limitation - Stipulations in Hindu Marriage Act deal with substantive right of parties and substantive right of appeal whereas stipulations in Family Courts Act deal with procedural matters - Substantive provision must get precedence over a procedural provision -..........
Hindu Marriage Act, 1955, Section 28, Family Courts Act, 1984, Section 19, 20 -- Appeal - limitation - Non-obstante clauses u/ss 19 & 22 of Family Courts Act cannot override the applicability of period of limitation prescribed for an appeal u/s 28 of Hindu Marriage Act as no, obstante clause cannot be read mechanically - Vague and general no, obstante clauses cannot..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Wife suffering from HIV virus and she levelled false allegation that infection was transmitted to her by her husband - Attempt of wife to conceal her ailment from husband - From the very beginning of marriage behaviour of wife towards husband and his family members had been harsh and torturous - Held, all these..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - It is a serious charge and has to be proved beyond reasonable doubt - But at the same time it is difficult to procure direct evidence for proving such a charge - It is only from the circumstances that an inference can be drawn that spouse against whom complaint has been made was leading an adulterous life...........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery & cruelty - Wife and her father admitted her illicit relationship with `M'- No other specific instance was required to be stated or proved by husband for proving his charge of adultery against wife - Even, wife continuing her illicit relationship with `M' even after her marriage - Since charge of..........
Hindu Marriage Act, 1955, Section 26 -- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and obligations of the parties amounting..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite - On one hand husband resisted prayer of wife for dissolution of marriage on the ground that he was ready and willing to keep her and on the other hand he backed out even from payment of maintenance allowance to her - More so, husband levelled false allegation that..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Reduction - Maintenance granted to wife Rs.7,000/- per month and Rs.2,500/- as litigation expenses - This amount is rather very meagre but since there is no application for enhancement of the same it cannot be increased - Modification of order for reducing the maintenance is clearly misfounded and has no..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty & desertion - Petition by wife - Wife facing ill treatment and harassment at the hands of her husband because of which wife was forced to leave her matrimonial home with her daughter - Parties living separately since 2002 - Husband never approached Court with a prayer for restitution of conjugal..........
