Hindu Marriage Act, 1955, Section 13 -- Divorce - Application by husband to refer both the parties for medical examination for purpose of proving whether marriage was consummated or not - Wife had not sought any declaration seeking dissolution of marriage on the ground of impotency of husband - Marriage between parties conducted nearly about 6 years back and after such a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband quarreled with wife for not aborting abnormal child and when spastic child was born, it became cause of frustration of husband - However, allegation of cruelty should be more serious than ordinary wear and tear of marital life - There is no iota of evidence to show that husband..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband was not interested to keep both wife and his son - Parties are living separately for the past 25 long years - Mediation efforts undertaken also proved to be of no avail - Marriage between parties dissolved...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has been paying a sum of Rs.10,000 pm to wife as maintenance without any default and also taking care of his spastic son with assistance of a helper by paying from his pension - Taking into account that husband is a retired Bank Officer, husband directed to continue to pay said sum of Rs.10,000/- pm as..........
Protection to life and liberty -- Inter-caste marriage - Muslim boy is though major but not of marriageable age and Hindu girl is major and of marriageable age - Even though as per Muslim Personal Law a valid marriage can be contracted between parties upon attaining age of puberty, however, Prohibition of Child Marriage Act does not differentiate on basis of religion as..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Marriage between parties has irretrievably broken down and there is no possibility of reconciliation between them - Approach adopted by Court below in insisting parties to wait for another six months for second motion hearing is totally uncalled for - Impugned order..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Order on first motion was not passed by Family Court - Parties are living apart from 2018 and have also finally settled their disputes - No reason as to why Family Court did not pass orders on first motion after recording statements of parties and after physically signed copy was placed on record - Family..........
Protection to life and liberty -- Inter caste marriage - Boy is major but he is not of marriageable age and girl is major and of marriageable age - Merely because boy is not of marriageable age as envisaged u/s 5(iii) of Hindu Marriage Act, he cannot possibly be deprived of his fundamental rights as per Constitution - Superintendent of police concerned directed to decide..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - To be allowed by taking into consideration certain parameters which included food, clothing, shelter, medical expenses, rent and other out of pocket expenses...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claimed by wife - Husband failed to prove his own income - Wife earlier working as a school teacher but on and from May 2014, she was not employed and applied for job in several places but she was not offered any job - No contrary evidence put by husband - Husband was a senior school teacher as would..........
