K. Narasinga Rao v. K. Neeraja alias Rajini.
C. M. A. No. 1056 of 2006, D/- 1-6-2015.
📌Hindu Marriage Act (25 of 1955), S. 13- Divorce – Cruelty by wife Petition filed by husband dismissed Appeal against During pendency, wife filed affidavit stating that she has no objection for grant of divorce without admitting acts of cruelty Parties living separately since past 17 years No possibility of living together- Divorce can be granted.
📌Hindu Marriage Act (25 of 1955), Ss. 26, 25-Maintenance of minor children-Petition filed u/S. 25-No amount can be granted u/S. 25 to children – How- ever, court can u/S. 26 direct respondent/ father to pay for maintenance and education expenses till child attains majority.
📌Hindu Marriage Act (25 of 1955), S. 25- Permanent alimony – Entitle- ment – Conduct of parties is relevant Alleged that wife has specifically pleaded that she was not educated and had no source of income – Wife, however, said to have deposed in maintenance case that she is educated till intermediate and complaint was in English and she had signed in En- glish – Held, her acquaintance with En- glish and her inconsistent statements of her knowledge of English Irrelevant for deciding whether her conduct was abominable as to disentitle her being granted permanent alimony.
📌Hindu Marriage Act (25 of 1955), S. 25 Permanent alimony Entitlement ment Failure to prove the second marriage in criminal proceedings – Cannot form the basis for denial of alimony in matrimonial proceedings Reason being, standard of proof is far higher in degree in criminal proceedings.
📌Hindu Marriage Act (25 of 1955), S. 25- Permanent alimony Entitlement Threat of wife to commit suicide Cannot be held to be abominable conduct disentitling her from claiming alimony. (Para 22)