Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce petition by husband on round of adultery, cruelty and desertion by wife - Husband miserably failed to establish any ground of adultery, cruelty and desertion without any reasonable case - Wife had not voluntarily deserted appellant - Appellant himself contracted second marriage and forced respondent out of..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- Matrimonial proceeding initiated by husband - Transfer of - Distance between "J" and "P" is 380 Kms - Proceedings filed by applicant/wife for restitution of conjugal rights and proceedings under the provisions of Ss.12, 18, 19, 20 and 22 of the Women's Protection Act are prior in time which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage between wife and husband took place in the year 1984 - Both living separately since 1989 by mutual consent - After separation wife married some another person - Wife initiated maintenance proceedings in the year 2007 - Held, wife not entitled to maintenance u/s 125 Cr.P.C. - Revision dismissed...........
Succession Act, 1925, Section 372 -- Succession certification - Brother of deceased, merely on the basis of nominee in policy taken by deceased, not entitled to claim succession certificate in his favour - However, wife of deceased remarried after his death - Wife, thus forfeited her right to claim any interest in property of her deceased husband - Furthermore, once after..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second petition - In particular circumstances, if second petition u/s 125 Cr.P.C. is moved by wife then the same is not barred by principle of res judicata...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife making false, frivolous and unsubstantiated allegations against husband in Court proceedings - Amounts to mental cruelty to husband - Decree of divorce upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left matrimonial home on her own alongwith minor daughter - Shown intention to bring cohabitation permanently to an end - Even persuasion by husband and his family members did not work - No infirmity warranting interference - Divorce decree upheld -..........
Hindu Adoptions and Maintenance Act, 1956, Section 18(2)(g) -- Maintenance to wife - Living separately from husband - Held, Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance on account of any other cause justfying living separately - Court obliged to analyse pleadings and evidence of parties in context of S.18(2)(g) of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Husband having connection with another woman and has children in that illegal relationship - Cannot lead to conclusion that there is collusion between parties - And that wife does not want to remarry and husband not paying any maintenance to wife not constitute valid reasons to dismiss petition filed u/s..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife initiated false criminal case against husband and his relatives - Held, initiating criminal prosecution, without any justification, by itself is sufficient to constitute an act of cruelty...........
