Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Provision of S.9 of the Act for restitution of conjugal rights has been enacted with an intention to give the parties to the matrimonial dispute an opportunity to reconcile with the bitterness that emerges in the delicate relationship of husband and wife...........
Indian Penal Code, 1860, Section 302 -- Wife committed suicide by burning within seven years of marriage - Death due to 90% of burn injuries - Allegation that husband poured kerosene oil and set her on fire - Husband himself suffered 30% burn injuries which shows that he made sincere efforts to save his wife - Story of prosecution that deceased took husband in her arms..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband on ground of cruelty and desertion - Failure to prove the grounds - High Court in appeal dissolved the marriage on payment of Rs.10 Lakhs by husband to wife - Held, marriage under Hindu Act can be dissolved only on any of the grounds as enumerated u/s 13 of the Act - Law does not permit the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable break down of marriage is certainly not a recognised ground for divorce under the Hindu Marriage Act - But it is not as though irretrievable break down is an irrelevant factor/input for the Court while considering the ground of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acts of physical cruelty alleged - assaults, splashing of chilly water on face, pushing her out of the house during night etc., have not been controverted - A reading of the uncontroverted pleadings and unchallenged evidence, eminently and eloquently establishes the claim for divorce on the ground of..........
Hindu Marriage Act, 1955, Section 23 -- Divorce - Cruelty - On the part of husband - Wife living with husband for about a decade and complaining later about cruelty - Assumption that improved financial position of wife viz. that she was unemployed when she entered matrimony but subsequently entered Government service as a Nurse was prompting her to claim divorce - Not a..........
Divorce Act, 1869, Section 10(1)(x), Hindu Marriage Act, 1955, Section 13(1)(i)(a), 9, Special Marriage Act, 1954, Section 27(1)(d), Dissolution of Muslim Marriages Act, 1939, Section 2(viii) -- Mental cruelty - Husband not allowing wife to take up employment in an MNC as wife has to travel long distances every day - No husband living in the present times can claim an..........
Divorce Act, 1869, Section 10(1)(x), Hindu Marriage Act, 1955, Section 13(1)(i)(a), 9, Dissolution of Muslim Marriages Act, 1939, Section 2(viii), Special Marriage Act, 1954, Section 27(1)(d) -- Petition for restitution of conjugal rights by husband - Husband not allowing wife to take up employment which amounts to mental cruelty providing ground for divorce - Wife living..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband living with another woman - Wife can file complaint u/s 498-A IPC against husband only, for subjecting the wife to cruelty, and not against that woman - Wife can have recourse against that woman under different provisions of Hindu Marriage Act, 1955 but not under Section 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Relative of husband - Meaning of word `Relative' - By no stretch of imagination a girlfriend or a concubine can be a `relative of husband' - This status could be conferred either by blood connection or marriage or adoption - If no marriage has taken place the question of one being relative of another would not arise...........
