Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is herself gainfully employed being a part of teaching faculty at a respectable institute having monthly income of about Rs.60,000 - Further keeping in mind the fact that the son born to the parties has attained the age of majority, a lump sum alimony of Rs.10,00,000 be paid to wife within a period of three..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is not ready to live with husband - Admittedly, both the parties are living separately from 2010 onwards - Trial Court failed to consider the aspect of making threats to commit suicide and by giving false complaint against husband and also failed to consider the long separation of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Sum of Rs.12,50,000 has been paid as interim maintenance to wife - Considering facts and circumstances of case and relationship of parties and taking into consideration the maintenance award passed by Family Court, sum of Rs.15 lakhs as permanent alimony to wife is proper which is not inclusive of earlier..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Once it is proved that it was the husband who had turned out wife from matrimonial home that too by practicing deceit in making wife believe that parties would revive their matrimonial relationship subject to wife withdrawing from criminal case, desertion on the part of wife not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Element of cruelty alleged by husband was of date prior to settlement reached between parties - After settlement was reached, parties hardly cohabited as may have given rise to any ground of cruelty on the part of wife - Moreover, said acts of cruelty have to be treated as condoned or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Jurisdiction of Court - Parents of wife are permanent resident of Bareilly and wife has frequent visit thereat - Only for the purpose of job wife stayed at Delhi - Marriage of parties was also solemnized at Bareilly - Permanent address of wife at Bareilly would fall within the contour of `reside' -..........
Custody of major daughter -- Claimed by father - Writ of heabeas Corpus - Daughter of petitioner solemnized marriage with his own uncle (Fufa) who falsely declared himself to be unmarried in marriage certificate in order to marry her - Even, daughter of petitioner has falsely stated in marriage related documents that respondent is unmarried - Nobody was present in the..........
Hindu Marriage Act, 1955, Section 13, 25 -- Divorce - Parties living separately for five years - Marriage is nothing more than a dead marriage - If divorce is not granted, it will amount to cruelty to both the parties - Divorce granted - Husband to pay Rs.25.00 lakhs to wife as permanent alimony...........
Hindu Marriage Act, 1955, Section 13(1A)(i), 25 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - Failure of cohabitation by wife for a period of one year after grant of decree of restitution of conjugal rights entitles husband to dissolution of marriage - Moreover, parties have been living separately i.e for a long period of 40 years..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Compromise during pendency of appeal - Husband agreed to pay a sum of Rs.18 lakhs towards permanent alimony to wife - He also agreed to pay sum of Rs.5000 p.m in favour of his son till he attains majority and Rs.6,000 each in favour of his two daughters till they get married - Wife stated that she has no other claim on..........
