Statutes of Nova Scotia NOVA SCOTIA-CANADA Matrimonial Property Act amended 1995-96, c. 13, s. 83 CHAPTER 275 OF THE REVISED STATUTES, 1989 Revised Statutes of Nova Scotia
In many cases, marriages simply fail for no fault of the parties but as a result of discord and disharmony between them. In such situations, putting an end to this relationship is the only way out of this social bondage.
As observed by this Court in Saroj Rani v. Sudarshan Kumar Chadha, (1984) 4 SCC 90, conjugal rights are not merely creature of statute but inherent in the very institution of marriage. […]
Even where the Family Courts are not functioning, the objects and principles underlying the constitution of these Courts can be kept in view by the civil Courts trying matrimonial causes.
Hindu Marriage Act, 1955—Sections 13(1A)(i) & (ii) and 23—Scope and applicability of—Mere non-compliance with the decree for Restitution does not constitute a wrong within the meaning of Section 23(1)(a)—In order to be a wrong under the section, the conduct alleged must be more than a mere disinclination to agree to an offer of reunion—It must be serious misconduct
Hindu Marriage Act, 1955—Section 21 and 21A—Sections 24 and 25 C. P. C. not excluded—Husband’s Divorce Suit can be transferred to the place where the wife’s maintenance suit is tried.
Hindu Marriage Act, 1955—Sections 13(1A) and 23—Divorce—Non-cohabitation for more than one year after judicial separation—Divorce not granted—Husband obliged to pay maintenance to wife—Refusal to pay maintenance is ‘wrong’ within the meaning of Section 23.
Ashok Hurra vs. Rupa Bipin Zaveri etc., reported in (1997) 4 SCC 226, this Court while dealing with a matrimonial matter quoted few excerpts from the Seventy-first Report of the Law Commission […]
Hindu Marriage Act, 1955—Section 9—Restitution of conjugal rights—Matter adjourned from time to time—Despite persuasion of Court parties not able to sort out their differences and decided to live separately—Marriage totally dead and ceased to exist, irretrievably broken, and wrecked beyond hope of salvage—Petition disposed of.
The grocery bill, rent payment, school fees, telephone, electricity and water dues are required to be paid on the due date and will not await the contingency of the receipt of the payment on a future date in Court. It has thus become necessary to ensure that maintenance payment to a wife/child is made at least on a regular monthly basis and defaults for no justifiable cause ought not to go scot free without sanctions.