Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Desertion by wife without any reasonable cause and indulged in getting him tortured endlessly despite compromise - Wife not taking any steps to rehabilitate matrimonial home for a long time - It is presumed to be broken marriage - There will be no use in forcing them to live together if they have really loss..........
Civil Procedure Code, 1908, Section 25 -- Matrimonial proceedings - Transfer - Wife seeking transfer of matrimonial proceedings filed by husband at Tinsukiya to Cooch Bihar - Distance between places is about 830 Kilometers - Petition resisted on plea that wife had five brothers to support her and husband was the only earning member of his family and was paying maintenance..........
Hindu Marriage Act, 1955, Section 13(1A) -- Decree for judicial separation on ground of adultery - Husband continuing to live with the mistress even after passing of the decree for judicial separation - Husband cannot succeed in petition seeking decree of divorce and S.23(1)(a) bars the relief - Illegality and immorality cannot be countenanced as aids for a person to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Filing of civil suit by wife - If wife is in possession of a portion of the property owned by the members of the family of her husband then she cannot be thrown out forcibly therefrom as her rights are protected under the law - If wife wants to live in the matrimonial home it is none of the business of the appellant..........
Hindu Adoptions and Maintenance Act, 1956, Section 3, 18, 26, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Maintenance - Includes residence as one of its concomitants - Wife is entitled to the status and life style of the parties - But she cannot claim exclusive allocation of matrimonial house for her separate residence - It is duty of the husband to provide roof on..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 320 -- Office u/s 498-A - Compounding - Settlement between spouses to amicably live together - Offence u/s 498-A though not compoundable but parties allowed to compound in view of object of matrimonial law to facilitate a happy and harmonious matrimonial life between spouses...........
Civil Procedure Code, 1908, Section 25 -- Matrimonial proceedings - Wife seeking transfer of case from Barmer (Rajasthan) to Chandigarh - Wife having 4 year daughter - Wife also in financial difficulties as no maintenance is paid to her - Husband has no objection if the case is transferred to a Court at Ambala as he is now stationed at Purulia - Transfer petition allowed..........
Hindu Marriage Act, 1955, Section 13, 23 -- Cruelty - Condonation - Means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed - To constitute condonation there must be two things - forgiveness and restoration - Condonation is always subject to implied condition that the..........
Hindu Marriage Act, 1955, Section 13, 23 -- Cruelty - Earlier divorce petition filed by husband on ground of cruelty and misbehaviour of wife non-prosecuted on intervention of parents and relatives of wife - Categorical evidence of husband that she assumed her old ways of misbehaviour, misconduct and ill treatment after short time - Wife forcing husband to live separately..........
Hindu Marriage Act, 1955, Section 23 -- Condonation - Means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed - Two things are necessary (i) forgiveness (ii) restoration - Condonation is always subject to the implied condition that the offending spouse will not commit a..........
