Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a business man and has substantial income - Considering on the aspect of standard of living, age of parties and place of their residence, it is appropriate to grant permanent alimony to the tune of Rs.18 lakhs to be paid by husband to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties lived together as husband and wife for a period of 12 years in spite of the fact that husband has an extra marital affair with one lady - Wife in her affidavit clearly and categorically stated that she is ready to live with petitioner along with her children to lead happy..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Once a relationship of marriage is found to be admitted and not dissolved by any competent Court of law, husband being an abled body person and working in a Government employment is statutorily required to maintain his wife and children, even when there is a dissention between the parties...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Proceeding between parties is pending since 2016 - Husband, however has not disputed his qualification, but has taken a plea of joblessness - Considering standard of living and social standing of husband together with his qualification and past employment in reputed organization and balancing the same with..........
Hindu Marriage Act, 1955, Section 25(2) -- Maintenance to wife - Enhancement - Family Court exceeded its jurisdiction by granting Rs.10,000 maintenance when wife had only claimed Rs.7,000 - However, as per S.25(2) of the Act, Court has discretion to increase maintenance based on substantial change in circumstances - This part of order of Family Court can at best be said..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties - Plea of wife that husband caused cruelty due to non fulfillment of dowry demand - Court cannot presume that a second marriage of both the parties would necessarily entail no dowry demand...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lodged FIR u/s 498-A IPC against husband and his family members - Husband acquitted by trial Court - Parties are living separately since long - Wife not only deserted husband but also committed mental cruelty upon husband - Husband is entitled to decree of divorce...........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - Allegations made by wife against husband that he demanded dowry from wife's parents, not proved - Further, allegations that wife uttered vulgar words towards husband and his family members are also not proved - Marriage between parties has broken down irretrievably - Husband has made out a..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband and wife have been embroiled in legal disputes for years, with no signs of reconciliation - Husband has expressed his desire to move on with his life, while wife, despite her assertions to the contrary, has failed to demonstrate any genuine willingness to repair the relationship..........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - Parties are living separately and have entered into a Mubarrat agreement wherein they mutually agreed to dissolve the marriage subject to payment of Rs.30 lakhs by husband to wife - Sum of Rs.30 lakhs has been paid in full by husband and both the parties have..........
