Family Law - Divorce on Grounds of Cruelty - Section 13 Hindu Marriage Act - Mental and Physical Cruelty - Requirements to Establish Mental Cruelty - The appellant must prove that the respondent's conduct caused such mental pain and suffering that it became impossible to live together. The court found that the respondent's actions, including abuse, violence, and financial demands, constitu...
Hindu Marriage Act, 1955 - Divorce by Mutual Consent – Appeal – Allegation of Fraud – Petition under Section 13-B filed within 18 days of marriage – Wrong date of marriage mentioned to meet one-year separation requirement under Section 14 – Appellant-wife alleged fraud by respondent to avoid rape charge – Decree obtained through fraud on court vitiates proceedin...
Hindu Marriage Act - Maintenance and Divorce – Appeal – Non-compliance of interim maintenance order under Section 24 by husband – Defence struck off – Order under Section 24 essential for the indigent spouse to prosecute proceedings – Section 151 CPC invoked for enforcement of maintenance order – Non-payment of maintenance amounts to taking advantage of own wron...
Family Law - Hindu Marriage Act - Validity of Marriage – Marriage during the subsistence of the first wife is void – Second wife not entitled to maintenance – However, child born from such a void marriage is legitimate and entitled to inherit the self-acquired property of the deceased father. [Paras 12-13, 20]
Family Law - Legitimacy and Inheritance – Children ...
Divorce - Cruelty and Desertion - Practicing Reiki – Husband alleged cruelty and desertion by wife due to her practice of Reiki – Wife contended she learned Reiki for peace of mind – Court held that merely learning Reiki does not constitute cruelty or desertion unless it is shown that the spouse has renounced the world – Petition dismissed as no evidence established that th...
Family Law - Interim Maintenance - Maintenance for Children under Section 24 – Petitioner challenged the order granting interim maintenance of ₹2000 per month to the wife and ₹2500 per month each to minor children – Marriage solemnized in 2008 with two children born from wedlock – Wife left matrimonial home in 2013 and filed application under Section 24 for interim maintenanc...
Family Law - Divorce - Grounds of Cruelty and Irretrievable Breakdown - Judicial Review – The husband filed for divorce alleging cruelty and desertion. The trial court granted divorce based on irretrievable breakdown of the marriage. The appellate court held that 'irretrievable breakdown of marriage' is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 19...
Family Law – Pension – Co-widow's Entitlement – Appeal by co-widow claiming equal share of family pension after husband's death – Appellant married during first wife's lifetime – First wife predeceased husband – Trial court directed equal share of pension to both widows – Appellant entitled to complete family pension after first wife's deat...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appeal against decree of divorce granted on grounds of cruelty and desertion – Husband alleged that wife misbehaved, insulted him and his family, and left matrimonial home without informing him – Also alleged that wife aborted child without his consent – Held, acts of cruelty, if any, by the wife stood co...
Family Law – Divorce by Mutual Consent – Lien Over Ancestral Property – Appellant and respondent obtained a decree of divorce by mutual consent – Appellant paid maintenance to respondent for herself and their minor daughter – Trial court issued directions that the daughter would retain a lien over ancestral property of the appellant and his father – Held, trial ...