Supreme Court Of India
(From : AIROnline 2019 DEL 2431)
Vikram Nath,
Sandeep Mehta
, JJ
Hindu Marriage Act (25 of 1955) , S.13(1)— Constitution of India , Art.142— Divorce – Irretrievable breakdown of marriage – Husband had sought divorce on ground that wife used to assault and torture his ailing mother with intention to grab her property and also alleged that wife had extra-marital relationship and conducted assault upon him with help of her brother – Husband and his family members were acquitted in case of cruelty preferred by wife – Parties had been living separately since sixteen years – Due to complete detachment and prolonged estrangement, there had been irretrievable breakdown of marital bond – It could not be expected of husband to now continue in marital bond with wife, who had fought false case against him and his family – It was in best interest of both parties and their minor child that they be allowed to lead their lives independently and peacefully – Divorce was granted by exercising powers u/art 142 of Constitution of India
AIROnline 2019 DEL 2431-Reversed
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(B) Criminal P.C. (2 of 1974) , S.125— Maintenance – Claim by wife and child – Husband was working as clerk in private firm – Wife was homemaker who was independently taki….
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