Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree for restitution of conjugal rights - Where wife sitting dormant despite knowing of fact the effort made by husband for restitution of conjugal rights, shows intention of wife not to join back company of husband - Merely because decree for restitution of conjugal rights was not put to execution, it cannot be..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement of - Husband is earning well while being posted in Singapore - However, cost of living in Singapore is higher - Husband is already paying rent @ 3200 Singapore Dollars pm and income tax @ 1583 Singapore Dollars - Net income of husband is thus, substantially reduced - Husband is already..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties have stayed apart for the last 18 years - They have mutually agreed to divorce each other - Statutory period of six months as prescribed u/s 13-B of the Act is dispensed with - Wife has withdrawn all cases filed by her against husband - Marriage between parties dissolved u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Allegations and counter allegations are made by parties which are not trivial in nature or normal wear and tear of married life - It is far more grave and irreconcilable - Even, conduct of husband towards wife constitutes cruelty - Wife is entitled to decree of divorce - Divorce petition..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - No evidence from expert who are competent to determine whether wife is suffering from mental disorder - Wife serving under CISF and if she is really suffering from any mental disorder she would not have been allowed to continue in her service - Nothing on record that wife has been declared..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife who is serving in CISF is not expected to take all care of child, as is expected from housewife - Allegation to that extent therefore on face of it does not satisfy to accept an additional ground of cruelty - Even there had been no attempt to prove cruelty by wife - Ground of..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Statement of wife to PW while she was alive would not fall u/s 32(1) of Evidence Act, so as to become admissible, since cause of death does not come up for consideration in prosecution u/s 498-A IPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Numerous complaints by wife against husband to his employer Army Authorities making serious allegations of extra marital affairs - On the basis of complaints made by wife an enquiry was initiated by Army Authorities and Army Authorities exonerated the husband of allegation..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance to son - Marriage between parties dissolved - However, husband cannot be absolved from his liability and responsibility to maintain his son till he attains age of majority - Wife is not earning and she is residing at her parental house - Amount which was being paid pursuant to order passed by Army Authorities on..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have decided to settle all their disputes amicably - Wife already received all her stridhan and belongings from husband in first round of litigation itself - She agreed to accept Rs.13 lacs as one time settlement as alimony towards herself and her..........
