Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Both parties living separately since 2007 - Evidence on record clearly shows that wife was ready to perform her matrimonial obligations but husband never allowed her to do so - Husband forced her to leave matrimonial home and he was not interested in resuming cohabitation with her - Thus, husband failed..........
Hindu Marriage Act, 1955, Section 23A(1) -- No party to marriage can be allowed to take benefit of its own wrong...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Concept - Cruelty is directly related to human problem/psychological approach, frequent change in human behaviour and conduct of spouses - Court must keep these things in mind while appreciating concept of cruelty...........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Application for return of stridhan - To be presented in the form of plaint, failing which mandatory pre-requisites u/s 20 of Hindu Marriage Act would be missing and application itself will be outrightly dismissal at threshold - Family Court committed no error in directing the..........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Application for return of stridhan - Valuation of suit for the purposes of pecuniary jurisdiction - Valuation of suit for return of stridhan has no bearing on jurisdiction - It would be different if the plaintiff is required to mention the values of property which is sought to be..........
Court Fees Act, 1870, Section 7, Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Court Fees - Application for return of stridhan - S.7 of Court Fees Act, nowhere provides for computation of fee payable for any matrimonial suit or a suit or proceedings contemplated u/s 7 of Family Courts Act - However, Entry 20-A of Second Schedule..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dying declaration - Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Deceased suffered 80 to 85% of burn injuries - Dying declaration set up by defence has to be rejected as it is suspicious and cannot be acted upon - It is recorded by I.O without any medical..........
Indian Penal Code, 1860, Section 304B -- Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Complainant and PWs have spoken about demand and harassment of deceased - PWs have also spoken about the demands which could not be fulfilled - Deceased spoke to her parents and had been conveying as to what she was undergoing - She was subjected to..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from Schizophrenia which is kept under control with regular medication - Her situation was not out of control situation - During her symptoms also wife was not wild not offensive or harmful - Even wife was MCA graduate and was employed prior to her marriage - In case of any..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Mental disorder of wife - Finding of Family Court that wife is unfit either for marriage and for procreation of children - Found to be incorrect without there being any pleading or proof by husband to that effect - Such finding drawn against wife is likely to have caustic effect on her psyche who is already in struggle with..........
