Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Settlement arrived at between parties - In terms of settlement decree of divorce by mutual consent granted in exercise of power u/art 142 of Constitution - Both the parties shall comply with their respective obligations in terms of settlement...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of wife in not agreeing to withdraw complaints, filed against husband and his family members, even if she joins company of husband, would probablise the contention of husband that wife has ill-treated husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife used to insult husband on the premise that he is dark and for the same reason has moved away from company of husband without any cause - Even to cover up this aspect, has leveled false allegations of illicit relationship against husband - These facts will constitute cruelty -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has made specific assertion of cruelty against husband - Despite cross-examination of PW1, nothing was elicited by husband and husband has failed to adduce evidence, which clearly establishes that allegations are true and same are not controverted by husband by adducing proper..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Family Court dismissed divorce petition on the ground that wife not joined the matrimonial home, as petition for restitution of conjugal rights filed by husband was allowed - However, Family Court erred in not considering the matter on its merits as wife has specifically pleaded the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband not filed an objection to divorce petition and has not cross-examined wife - Testimony of wife remained unchallenged - Wife thus, established her plea of cruelty and she is entitled to a decree of dissolution of marriage - Divorce granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife has given the evidence with regard to photographs taken at the time of their marriage and her evidence in this regard was not at all shaken during cross-examination - Birth certificate of child shows husband as father of the child - Even, husband refused to go for DNA test to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Wife was working before marriage and after marriage she resigned said job - There is no explanation as to why she is incapable of working now - Wife is not supposed to sit idle and seek entire maintenance from her husband and she is legally bound to make some efforts to meet her livelihood -..........
Indian Penal Code, 1860, Section 417 -- Cheating - Breach of promise to marriage - Complainant is already married and having a child - If she is already married, there can be no question of cheating on the breach of promise of marriage - Offence u/s 417 IPC cannot be laid against accused...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
