Hindu Marriage Act, 1955, Section 13(1)(ia), 25 -- Divorce and permanent alimony - Single petition - Cause of action for dissolution of marriage and for permanent alimony is one and the same - Parties also same - Single petition for such two reliefs can be filed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations of illicit relations of husband made by wife in her written statement - However, there is no pleading in that regard in the divorce petition by husband - In absence of any pleading to that effect, decree of divorce not granted to husband - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife made false allegations of cruelty against him and his family members in criminal case, which ended in his acquittal - However, judgment of acquittal passed by trial Court is not on record - Even otherwise, appeal against such acquittal order is already filed -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - General allegations of quarrel on trivial issue and marpeet etc. were made by husband against wife - Pleadings are absolutely vague - Other allegations regarding threat of committing suicide by wife, false allegations of illicit relations of husband also not proved - Ground of cruelty..........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Pendency of appeal - Second marriage - Second marriage shall be lawful only after dismissal of appeal...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Pendency of appeal - Second marriage - Restriction placed on second marriage till dismissal of an appeal does not apply to a case where parties have settled and decided not to pursue the appeal...........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 23, Rule 1 -- Decree of divorce - Pendency of appeal - Second marriage - Application to withdraw appeal filed on 28.11.2011 and order of withdrawal passed on 20.12.2011 - Second marriage performed on 6.12.2011 i.e. after filing of application to withdraw appeal and before order of withdrawal was passed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced wife - Wife who has been divorced on the ground of desertion can maintain claim for maintenance, but it would be available to her only from the date of decree for dissolution of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Vague pleas - Divorce cannot be granted on ground of cruelty unless it is specifically pleaded with reliable evidence - Mere statement that cruelty was committed is not enough - Plea of husband that wife assaulted him with kick on private part - Husband neither stated specific date and time of such incident nor..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Plea that wife refused to cohabit with husband and frequently visit her parental house without information - Period of frequent visits not specifically stated by husband - Wife not only having marital relationship with husband but also conceived pregnancy twice and gave birth to a child - Suit filed after one year..........
