Hindu Marriage Act, 1955 - Section 13 - Divorce on Grounds of Cruelty - Held, husband's allegations of cruelty by wife unsubstantiated as no specific incidents or dates provided. Evidence showed husband pressured wife for money and subjected her to physical and mental cruelty. Allegations of desertion by wife meritless as she was forced to leave due to husband's adverse conduct. Divorce de...
Family Law - Divorce - Cruelty - Appeal against divorce decree granted on grounds of cruelty - Wife's contradictory statements and unbecoming behavior - Evidence showed wife used derogatory language, insulted husband and his parents, and made false allegations - Such behavior considered mental cruelty - Appeal dismissed.
Family Law - Evidence and Credibility - Contradictions...
Family Law - Custody of Minor Child - Financial Condition of Mother - Mother of minor child sought custody from grandparents - Superior financial condition of grandparents not a ground to deny custody to the mother, who is the natural guardian - Consideration should be who provides better care and welfare for the child - Mother working as a lab technician earning Rs.10,000/- per month - Despite no...
Child Welfare - Repatriation of Children - Jurisdiction of Child Welfare Committee - Juvenile Justice (Care and Protection of Children) Act, 2015 - Societies Registration Act, 1860 - Income Tax Act, 1962 - Arya Anathalaya, registered and operating in Ferozepur, caring for children from Jharkhand, challenged the directive to repatriate these children. Court upheld the jurisdiction of the Child Welf...
Family Law - Divorce and Maintenance - Hindu Marriage Act, 1955 - Sections 13(1)(i-a), 24 - Appeal against decree of divorce granted to the wife on grounds of cruelty - Husband’s failure to pay maintenance and arrears as ordered by trial court disentitles him to relief - Courts upheld the principle that one cannot benefit from their own wrong - Appeal dismissed due to non-compliance with mai...
Family Law - Hindu Marriage Act, 1955 - Section 13-B - Mutual Divorce - Dismissal for Non-Prosecution - Appeal and Condonation of Delay - Section 28 of the Hindu Marriage Act does not permit an appeal against an order dismissing a petition for non-prosecution under Order IX Rule 8 of the CPC - Appellant must seek remedy through Order IX Rule 9 CPC for setting aside the dismissal, not through an ap...
Family Law - Custody of Children - Guardian and Wards Act, 1890 - Sections 8, 12, 25 - Custody granted to father despite pending FIR for abetment of wife's suicide - Acquittal from charges pivotal in deciding custody - Held, FIR under Section 306 IPC against the father cannot alone be a ground to deprive him of the custody of his children, especially when acquitted - Welfare of the children re...
Hindu Marriage Act, 1955 - Section 13(1)(i.a) - Cruelty and Desertion - Allegations by husband of cruelty and non-cooperation by wife - Prolonged separation and counter-allegations by both parties - Held, allegations not serious enough to constitute cruelty - Matrimonial cruelty must be such that it is dangerous for either spouse to remain in the company of the other - Appeal dismissed - Divorce c...
Family Law - Divorce by Mutual Consent - Extension of Statutory Period
Extension of Period Under Section 13-B(2) of Hindu Marriage Act – Joint petition for divorce by mutual consent filed – Appellant-wife received Rs. 7 lakhs out of agreed Rs. 15 lakhs at first motion – Respondent-husband failed to pay remaining Rs. 8 lakhs within statutory period due to financial constraints ...
Family Law - Nullity of Marriage - Sections 5(i) and 11 Hindu Marriage Act - Validity of Marriage in Light of Previous Marital Status - The court held that the previous marriage of the respondent was declared null and void before the Lok Adalat on March 31, 2003, rendering the respondent's marriage to the petitioner on February 23, 2003, void. However, it was found that the actual marriage too...