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[SC] Hindu Marriage Act, 1955, S. 13(1)(ia) and (ib) – Divorce – Cruelty and desertion –- Intention on the part of the respondent to resume cohabitation is not established – An inference can be drawn that there was animus deserendi on the part of the wife – Has not pleaded and established any reasonable cause for remaining away from her matrimonial home. [2022 PLRonline 0601]

Family Law

Streedhan – Whether the wife receives gold ornaments from her parents or her in-laws, the gold ornaments received in marriage by wife becomes her streedhan – Husband has mortgaged the wife’s streedhan for raising loans – Directed to clear the loan. (ID#444601)

Hindu Marriage Act, 1955

HMA S. 13 (1) (ia) – Where the wife files a false criminal complaint against the husband and his family members u/s 406/498-A , which results in their acquittal, this act of the wife tantamount to mental cruelty and the husband would be entitled to a decree of divorce. [ID 323702]

Family Law

[SC] HMA S. 13 – Divorce – Irretrievable breakdown of marriage – After 10 days of marriage, FIR registered u/s 498A – Parties not subserved the very objective of marriage of companionship for each other from very inception and living apart for more than 19 years. [ID 5416402]

Home Category Family Law Hindu Marriage Act, 1955

Hindu Marriage Act, 1955

Family Law

Property in wifes name purchased out of the finances sent by the husband while working abroad – Both the plaintiff and the wife are entitled to equal shares – Gift given by husband is exclusive property of wife. (2023-2)210 PLRIJ 026

Property purchased in the wife's name using the finances sent by the husband while working abroad entitles both the husband...

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

LogIn to for full text. Click here 2023 SCeJ 0234 = PLRonline 445602 (SC) SUPREME COURT OF INDIA Present: Justice Sanjay...

Family Law

Adoption

As per Sections 8 and 12 of the Hindu Adoptions and Maintenance Act, 1956, ('HAMA Act', for short) the widow...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Family Law

Changing perception of cruelty in matrimonial cases – We, the Judges and lawyers, therefore, should not import our own notions of life.

Changing perception of cruelty in matrimonial cases “5. It will be necessary to bear in mind that there has been...

Family Law

Judging cruelty in matrimonial cases.

Judging cruelty in matrimonial cases. “… In matrimonial cases we are not concerned with the reasonable man as we are...

Hindu Marriage Act, 1955

Hindu Marriage Act S. 13B(2) – Consent withdrawn – divorce was granted

Hindu Marriage Act, 1955, Section 13B(2) - Consent withdrawn - One of the parties withdrew the consent - Court held...

Family Law

HMA S. 13B(2) – Statutory period – Waiver of

Hindu Marriage Act, 1955,Section 13B(2) - Statutory period - Waiver of - Where the Court dealing with a matter is...

COI Art. 227 – Revision – Scope of interference is limited.

Family Law

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

Ground for desertion upon which the petition for dissolution of marriage was filed does not require that the petitioner must...

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

Family Law

HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

In its essence, desertion means the intentional permanent forsaking and abandonment of one spouse by the other without other's consent...

Family Law

Hindu Marriage Act, S.13(1)(b) – Desertion is a matter of inference to be drawn from the facts and circumstances of the case.

HMA S. 13(1)(b) Held that desertion is a matter of inference to be drawn from the facts and circumstances of...

Family Law

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

Hindu Marriage Act, 1955 (25 of 1955), Section 13-B - Where the Court dealing with a matter is satisfied that...

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Streedhan – Whether the wife receives gold ornaments from her parents or her in-laws, the gold ornaments received in marriage by wife becomes her streedhan – Husband has mortgaged the wife’s streedhan for raising loans – Directed to clear the loan. (ID#444601)

HMA S. 13 (1) (ia) – Where the wife files a false criminal complaint against the husband and his family members u/s 406/498-A , which results in their acquittal, this act of the wife tantamount to mental cruelty and the husband would be entitled to a decree of divorce. [ID 323702]

[SC] HMA S. 13 – Divorce – Irretrievable breakdown of marriage – After 10 days of marriage, FIR registered u/s 498A – Parties not subserved the very objective of marriage of companionship for each other from very inception and living apart for more than 19 years. [ID 5416402]

Hindu Marriage Act, 1955

Property in wifes name purchased out of the finances sent by the husband while working abroad – Both the plaintiff and the wife are entitled to equal shares – Gift given by husband is exclusive property of wife. (2023-2)210 PLRIJ 026

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Adoption

Changing perception of cruelty in matrimonial cases – We, the Judges and lawyers, therefore, should not import our own notions of life.

Judging cruelty in matrimonial cases.

Hindu Marriage Act S. 13B(2) – Consent withdrawn – divorce was granted

HMA S. 13B(2) – Statutory period – Waiver of

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

Hindu Marriage Act, S.13(1)(b) – Desertion is a matter of inference to be drawn from the facts and circumstances of the case.

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

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Hindu Marriage Act, 1955

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