Hindu Marriage Act 1955 [India] Case Reference

Hindu Marriage Act 1955 [India]

Section 13- Dissolution of marriage on the grounds of desertion and cruelty- We allow the appeal, set aside the impugned order of the High Court and the order of the Family Court insofar as it relates to fixing of Rs. 15,00,000/- towards payment of permanent alimony to the respondent(wife) by the appellant(husband) and remand the case to the Family Court to decide the quantum of payment of permanent alimony afresh in accordance with law keeping in view our observations made supra. The appellant(husband) will continue to pay monthly maintenance amount, which was fixed by the Family Court, to the respondent regularly. ......Jalendra Padhiary =VS= Pragati Chhotray, [5 LM (SC) 13]

Section 13- Divorce- The wife filed a suit praying for injunction that the husband should not be permitted to enter the matrimonial home. We direct that the husband shall pay to the wife a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) as one time permanent alimony and she will not claim any further amount at any later stage. The petition for divorce filed by the husband under Section 13 of the Act is decreed and the marriage of the parties solemnized on 13.04.1989 is dissolved by a decree of divorce. The wife shall be entitled to permanent alimony of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) and a residential flat of the value of up to Rs.1,00,00,000/- (Rupees One O Crore Only), as directed hereinabove. Pending application(s), if any, stand(s) disposed of......Raj Talreja =VS= Kavita Talreja, [3 LM (SC) 33]

Section 13(1)(ia)- The unsubstantiated allegations levelled by the Respondent wife and the threats and attempt to commit suicide by her amounted to mental cruelty and therefore, the marriage deserves to be dissolved by a decree of divorce on the ground stated in Section 13(1)(ia) of the Act. Narendra -VS- K. Meena, [5 LM (SC) 135]

Section 15- A marriage contracted during a prescribed period will not be void because it was contracted under an incapacity. Obviously, this would have no bearing on the other conditions of a valid marriage. The decision in Lila Gupta case thus covers the present case on law. We are satisfied that the appellant's marriage was not subsisting when he married again. He had filed an application for withdrawal of his appeal against the decree for dissolution and had done nothing to contradict his intention to accept the decree of dissolution. (S.A. Bobde, J)......Anurag Mittal -VS- Shaily Mishra Mittal, [5 LM (SC) 5]

Section 28(1)- Separation of the husband & wife according to Hindu Marriage Act, 1955- The behaviour of the Respondent wife appears to be terrifying and horrible. It is also not in dispute that the Respondent wife had left the matrimonial house on 12th July, 1995 i.e. more than 20 years back: Though not on record, the learned counsel submitted that till today, the Respondent wife is not staying with the Appellant. The daughter of the Appellant and Respondent has also grown up and according to the learned counsel, she is working in an IT company, We have no reason to disbelieve the aforestated facts because with the passage of time, the daughter must have grown up and the separation of the Appellant and the wife must have also become normal for her and it would not be proper to bring them together, especially when the Appellant husband was treated so cruelly by the Respondent wife.

Quash and set aside the impugned judgment delivered by the High Court. The decree of divorce dated 17th November, 2001 passed by the Principal Judge, Family Court, Bangalore in M.C. No.603 of 1995 is hereby restored. Narendra =VS= K. Meena, [5 LM (SC) 135]