Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Allegations made by wife about demand of Rs.10,000 by husband and his mother - Cannot be said to be of such a serious nature that it constitutes mental cruelty to husband which can entitle him for decree of divorce - Divorce rightly not granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Alleged incidents of desertion are prior to filing of petition and husband sought decree for restitution of conjugal rights consequently condoning lapses on part of wife - Moreover, prayer for decree of divorce on ground of separation for more than two years was sought by amending the petition after wife..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibits - Prayer for deletion of exhibits - DW2 not a party to suit was summoned by Court - DW2 produced proof affidavit along with documents after giving copy of affidavit along with details of documents to plaintiff's counsel - At the time of examining DW2 plaintiff and his counsel not appeared and no reasons given for the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife unsuccessfully lodged criminal prosecution against husband and having failed therein turned around and harassed him and his family members by way of protracted matrimonial litigation in the form of Ss.13-B & 13 of Hindu Marriage Act - During the intervening stage of these proceedings she was..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife is living separately since 1994 and this long separation has irretrievably broken down the marriage - Though living separately can itself be no ground of presuming desertion but factum of separation coupled with intention to bring cohabitation permanently to an end are necessary ingredients to infer..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty & desertion - Allegations of demand of dowry and cruelty levelled by wife are only general in nature and these allegations besides being fake are totally baseless which can be appreciated in the light of her own admission in the pleadings and on oath - Since both the parties were employed at the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty has to be pleaded and instances with reference to time, place and manner of occurrence are required to be incorporated therein - If these ingredients are not pleaded and proved, no inference of cruelty can be drawn...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Act of disobedience on the part of wife, itself is no ground to infer any cruelty in its strict interpretation - Such an act does not give any reasonable apprehension in the mind of husband to perceive any injury to him - Disharmony and incompatibility cannot be presumed as cruelty for dissolving the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Simplicter leaving the house is not desertion unless and until animus deserendi is proved - Separate living and separate living with an intention to never return back to matrimonial home are the ingredients to prove desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Evidence on record shows that husband wanted to get rid of wife by one mode or the other - Wife on the other hand is always ready and willing to join the matrimonial house and submitted that husband does not want to keep her in matrimonial house even if job is left by her - Story of desertion is thus a..........
