Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into compromise - Husband already paid agreed amount of Rs.10 lacs to wife towards alimony and future maintenance or other claims - Marriage between parties dissolved with mutual consent u/s 13-B of the Act after waiving off cooling period...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Factum of marriage admitted - Divergent version as to living separate which will be decided after parties adduce evidence - Merely because wife is highly qualified, maintenance cannot be denied to her - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Paternity of child - DNA test - Husband admits his marriage with wife although it was argued that saptpadi was not done - However, same is not material at this stage - It cannot be said that marriage between parties is not a valid marriage - Wife is seeking DNA examination so as to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Parties have been living separately since 2011 i.e more than 12 years - There is no chance of their re-union - Wife contended that husband illegally married another woman during pendency of appeal - However, husband did not agree for the same - Failure to untie marital knot would only..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are residing separately since 2011 and there has been no contact whatsoever between them during this long period of almost 13 years - Wife is not even responding to summons issued by Courts - She is no longer interested in continuing the marital relations with husband - Marriage..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months waiting period - Parties are living separately since Jan 2020 - No child is born out of wedlock - All efforts of reconciliation have failed and parties are not willing to live together as husband and wife - Permanent alimony is settled between parties - Parties have also expressed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Neither in the application nor in her evidence wife pleaded incident of physical cruelty except that husband did not take care of her when she was admitted in hospital - Nothing can be seen from the evidence of daughter of parties nor even an incident is ever disclosed from which it can..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Parties arrived at a settlement before Lok Adalat in D.V proceedings and total maintenance of Rs.10,000 p.m fixed for wife and children - Husband not pleaded said settlement award same before Family Court in his counter to application u/s 24 of H.M Act - Since liberty was reserved by wife to claim..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for more than 10 years - Both the parties have levelled allegation against each other for not maintaining sanctity of marriage and their involvement in relationship outside of marriage - Number of criminal complaints were filed by wife against husband -..........
