Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife admitted that she is residing separately for last about 8 years and during this period they have no relations - She had never complained against her husband for not taking her back and she has also not filed petition for restitution of conjugal rights - No intention on the part of wife to resume..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife had publicized her husband as a womanizer, drunkard and having bad habits in his office - Said act of wife would amount to cruelty, as it would demolish reputation of husband - Explanation given by wife that she did so to protect future of children could not wipe out her act of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband placed on record conversion between parties recorded in CD, its transcript and text messages along with certificate u/s 65-B of Evidence Act - Wife on the other hand did not lead any evidence to contradict the said evidence - Evidence led by husband correctly taken into account..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Offence u/s 498-A IPC - Accused is offering reasonable compensation to his wife although valid divorce has taken place between them - Sentence awarded is of 1 year's S.I u/s 498-A IPC - Offence is of private nature and offence does not attract colour of moral turpitude nor has any bearing upon his..........
Hindu Marriage Act, 1955, Section S -- Divorce - Desertion - Petition by husband - If wife has a reason to reside separately due to conduct of husband, husband cannot take advantage of his own conduct and behaviour to the disadvantage of wife...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed by husband - Validity of gift deed executed by husband in favour of wife not disputed by husband - In the absence of any right of revocation of deed in the deed itself, unilateral execution of cancellation deed is bad in law and unsustainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking relief of possession - Maintainability - Husband executed gift deed in favor of wife and retained possession and right to enjoy property in the gift deed itself - Possessory right and right to enjoy property would be available to wife only after demise of husband - Wife therefore,..........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - Family Court Found that husband was entrusted with gold ornaments of wife - However, Family Court failed to grant a decree for return of gold ornaments in specie, but granted a decree for alternative relief alone that too by awarding value of gold as on the date of its purchase, which..........
