Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Neither husband discharged his marital obligations nor maintained his wife and children - Even, husband and his four sisters tortured the wife and forced her to flee from residence of husband to save herself - Moreover, husband disputing paternity of younger child - Further,..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Denial of marriage - Suit or proceeding filed by either party cannot be dismissed on the ground of no, maintainability - Court to frame issues which may be decided after recording satisfaction to the truthfulness of the statement made by the parties...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - - Husband failed to establish his bona fide in a situation of strained relationship whereas wife placed material on record to prove sufficient reason to refuse to live with husband - Decree granting restitution of conjugal rights in favour of husband, set aside...........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Order 8, Rule 6A, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22, 26, Family Courts Act, 1984 -- Divorce petition filed in Family Court - Counter claim seeking relief under Hindu Marriage Act and Domestic Violence Act - Counter claim for such reliefs is maintainable in divorce petition..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 15 -- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage of spouse who obtained ex-parte decree of divorce will not render application for setting aside ex-parte decree infructuous - Remarriage of spouse is not a relevant factor..........
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage after receipt of notice of application to set aside ex parte decree - An incapacity for second marriage for a certain period does not have effect of treating former..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 26, Rule 9 -- Divorce - Issuance of commission for recording evidence - Wife unable to afford fees of commissioner directed to be paid equally by parties - Plea of wife that she was awarded interim maintenance of Rs.2,500/- p.m. only and besides herself, was supporting a school going son and had..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Non-examination of witnesses on side of wife would show that she has not taken steps for reunion with husband - Mere filing of petition u/s 9 of the Act is not enough that wife was ready and willing for reunion - It is only after lodging a complaint by husband before police, wife..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal from society of husband - Mere reason that wife does not like parents or siblings of husband is not a reasonable excuse for withdrawal from society of husband...........
