Tags » HIndu Marriage Act

Divorce – Long Period of Continuous Separation

In the case of K. Srinivas Rao v. D.A. Deepa, 2013 (3) AWC 2462 (SC), it was held as under:
“Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. 209 more words

Divorce

Rita Nijhawan v. Balakishan Nijhawan AIR 1973 Del 200

Hindu Marriage Act, 1955 – Grounds for Divorce (Cases)

A liberal interpretation was given to the term ‘impotence’ under Section 12(1) of Hindu Marriage Act, 1955 to eventually hold that a sexless marriage is physical and mental cruelty and thus, is a valid ground for seeking divorce. 1,179 more words

Condonation Of Cruelty

WHETHER BY VIRTUE OF MARRIAGE, A PERSON WOULD BECOME A MEMBER OF THE SCHEDULED CASTE - NO - 2015 A.P. (2014) MSK LAW REPORT

whether by virtue of marriage, a person would become a member of the Scheduled Caste – No – 2015 A.P. (2014) MSK LAW REPORTS

 It is the case of… 479 more words

LAW REPORTS

"Redundant Laws" by VakilNo1

Source: VakilNo1 (http://goo.gl/e4NJqm)

Some laws also infringe on the fundamental rights of citizens.

Under section 14 of the Hindu Marriage Act, a couple cannot get a divorce within one year of the marriage, even if one of the parties is found to be insane or a warranted criminal. 642 more words

People

Sec.13(1)(ia) of the Hindu Marriage Act –Divorce O.P. filed after wife filed criminal complaint – objections not raised that no evidence and no amount arguments can be considered etc., at the time of the evidence & at the time of arguments that without pleadings that the wife filed false criminal case and subjected him and his family members for mental cruelty – it is settled law that if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce.

Sec.13(1)(ia)  of  the  Hindu Marriage Act –Divorce O.P. filed after wife filed criminal complaint – objections not raised that no evidence and no amount arguments can be considered etc., at the time of the evidence  & at the time of arguments that without pleadings that the wife filed false criminal case and subjected him and his family members for mental cruelty – it is settled law that if a false criminal complaint is preferred by  either  spouse  it would invariably and indubitably constitute  matrimonial  cruelty,  such  as would entitle the other spouse to claim a divorce.  278 more words

LAW REPORTS

Hindu Marriage Act sec.13 - Divorce on the ground of Fidelity of wife who gave birth to a child by third person - DNA TEST - sec.112 and sec.114 of Evidence Act - Family court dismissed - High court allowed with a condition to deposit one lakh as compensation if D.N.A. test results in negative - Apex court held that All the judgments relied upon by the learned counsel for the appellant were on the pointed subject of the legitimacy of the child born during the subsistence of a valid marriage. The question that arises for consideration in the present appeal, pertains to the alleged infidelity of the appellant-wife. It is not the husband's desire to prove the legitimacy or illegitimacy of the child born to the appellant. The purpose of the respondent is, to establish the ingredients of Section 13(1)(ii) of the Hindu Marriage Act, 1955, namely, that after the solemnisation of the marriage of the appellant with the respondent, the appellant had voluntarily engaged in sexual intercourse, with a person other than the respondent. There can be no doubt, that the prayer made by the respondent for conducting a DNA test of the appellant's son as also of himself, was aimed at the alleged adulterous behaviour of the appellant. In the determination of the issue in hand, undoubtedly, the issue of legitimacy will also be incidentally involved. Therefore, insofar as the present controversy is concerned, Section 112 of the Indian Evidence Act would not strictly come into play-We would, however, while upholding the order passed by the High Court, consider it just and appropriate to record a caveat, giving the appellant-wife liberty to comply with or disregard the order passed by the High Court, requiring the holding of the DNA test. In case, she accepts the direction issued by the High Court, the DNA test will determine conclusively the veracity of accusation levelled by the respondent-husband, against her. In case, she declines to comply with the direction issued by the High Court, the allegation would be determined by the concerned Court, by drawing a presumption of the nature contemplated in Section 114 of the Indian Evidence Act, especially, in terms of illustration (h) thereof.2015 S.C. (2014) MSK LAW REPORTS 10

Petition  filed  under

Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to  as  the
‘Act’) by the respondent, inter alia, seeking dissolution  of  the  marriage… 1,691 more words

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