Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague and general allegations were made against wife by husband - No specific instances were given regarding allegations levelled by husband - Though in support of allegations husband examined his father but he has no personal knowledge exactly on what issues there was dispute between the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Lodging false complaints by wife against her i, laws which resulted in police investigations held to be acts of cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife not proved a reasonable cause to withdraw from consortium - Only ground pleaded by wife to withdraw from consortium was dowry harassment, which she could not proved - Willful desertion on the part of wife proved - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - False criminal case u/s 498-A IPC filed against husband by wife which resulted in acquittal of husband, which itself amounts to cruelty - Moreover, parties had no physical relationship for more than 7 years - It would be futile exercise to restore marriage between parties when their..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - An act of slapping or abusing may not invoke sharp reaction or response in case of an uneducated lady in a particular culture or society - She may not mind abusive language, no, attendance by her husband during illness or an occasional slap by her husband - However, similar acts under normal circumstances,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife a professional having respectable job in discipline force having Army background - Conduct of husband in repeatedly pressurizing wife to hand over a substantial part of her salary and hurling abuses upon her refusal to do the same and also beating her even while in uniform is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Complaint against husband or withdrawing children from school cannot ipso facto be held, against wife, particularly when wife serving in Army and remained posted at several places - It cannot be said that wife leaving her matrimonial home and said circumstance cannot be, held, against..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties living separately since 2008 i.e for the last 10 years - Despite efforts for re-conciliation, they unable to resolve their differences - It is thus, a case of irretrievable breakdown of marriage - Marriage of parties dissolved by passing a decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Impleadment of adulterer as party - Act does not make it obligatory to implead alleged adulterer on the ground of adultery - However, alleged adulterer is a proper party to proceedings u/s 13(1)(i) of the Act, even though he is not a necessary party - Direction of Court below to implead adulterer as party..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Factum of living separately from husband neither disputed by wife nor she gave any explanation for the same - Wife not able to make good her case of "constructive desertion" since not even a single question was put to husband in this behalf - Evidence on record proves that wife left..........