FIRST LAW

Hindu Marriage Act, 1955 - Section 13(1)(i-b) - Divorce - Ground of Desertion - Where divorce has been sought on the ground of desertion only, the court cannot grant divorce on the ground of cruelty.

The Family Courts Act, 1984 - The Hindu Marriage Act, 1955 - Section 13(1)(i) and (ia) - The petition was filed alleging adultery and cruelty - Petition was presented by power of attorney holder - Insofar as there is specific provision under the Code of Civil Procedure enabling a petition to be filed through a power of attorney holder, there is nothing wrong in the Family Court entertaining an application even though it is filed through power of attorney holder. The provisions of CPC squarely applies to matters that are entertained by Family Court as well.

The Indian Penal Code, 1860 - Sections 498-A and 406 IPC read with Section 34 - The very filing of the case on the premise that there is matrimonial cruelty demanding dowry by itself may not be a reason to arrive at a conclusion that the wife had committed cruelty.

Divorce - Mediation - Settlement – Husband paid Rs. 1.5 crores to Wife and Rs. 1.5 crores for the welfare of the child - Another sum of Rs. 1.5 crores, for the purchase of a flat also paid to Wife - Criminal proceedings pending against the ­husband quashed – Divorce Granted.

Hindu Marriage Act, 1955 - S.15 - R emarriage of the spouse who obtained the ex parte decree of divorce will not render the application filed by the opposite spouse for setting aside the ex parte decree infructuous and that the application in that regard has to be considered on its own merits notwithstanding the remarriage.

Divorce - The act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon the other spouse and result for unbearable pain to the extent that one is forced to stay away would certainly be a ground to seek separation or decree of divorce.

Hindu Marriage Act, 1955  - The family court or even High court cannot grant a decree of divorce on the ground of irretrievable break down of marriage as it is not a ground under the Hindu Marriage Act.

The Delhi High Court on Tuesday ruled that o nce a party decides to have a second thought and on reflection, backs off, the concerned court cannot compel the defaulting party to give its consent on the basis of an earlier settlement / undertaking.

The Delhi High Court on Tuesday 15th May 2018 in the matter of  Rajat Gupta & Others Vs. Rupali Gupta & Others answered four questions of law under Section 13B of the Hindu Marriage Act, 1955 and one of them are given below:

Hindu Marriage Act, 1955 -   Section 13 - Divorce - Permanent Alimony - W hether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent (wife) was legally and factually sustainable.

In order to get a decree for divorce on the ground of desertion, the party who approach the court alleging desertion is supposed to prove that the opposite party willfully stayed away from him/her company and abstained from cohabitation without any reason that too with the intention to put an end to the marital relationship.