Showing : 771-780 of 1805 Results

BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Married life should be assessed as a whole - Few isolated instances over certain period will not amount to cruelty - Only sustained unjustified and reprehensible conduct affecting physical and mental health of other spouse may lead to mental cruelty...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Vague and general allegations of cruelty - Actual acts of cruelty by wife or her relatives not stated - Details as to manner and date when wife allegedly ill treated husband not given - Husband has not examined any person to show that there was harassment at his work place - No..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Wife left the company of husband - No evidence that husband wrote a letter to wife asking her to join his company for cohabitation - Ground relating to desertion is also vague as no evidence to support the same...........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Deserting spouse - Two essential conditions are : (i) the factum of separation and (ii) the intention to bring co-habitation permanently to an end, animus deserendi - Similarly, two elements are essential so far as the deserted spouse is concerned, viz., (i) the absence of consent and..........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Burden of proof is on the petitioner - Even if deserting spouse does not prove just cause for living apart, deserted spouse had still to satisfy Court that desertion was without cause...........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Words `not less than two years' - Suggests that this is the minimum requirement for presentation of petition on the ground of desertion but no maximum period has been laid down within which petition must be presented - It is for the deserted spouse to determine the period..........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Delay in institution of petition - It is a question of fact - Lapse of time in presentation of cases falling u/s 13(1)(ib) of Act cannot necessarily be taken as unnecessary or improper delay...........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib), 23-- Divorce - Desertion - Delay in filing petition - There was no unnecessary and improper delay by wife in filing petition for divorce - Wife conclusively established the ground of desertion through her evidence which is unrebutted on record - Family Court committed error by concluding that in view..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1), 13B-- Divorce - Petition u/s 13(1) of Act cannot be converted to be one u/s 13-B of Act - A new petition u/s 13-B of Act is required to be filed before District Court...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13, 12(1)(c)-- Divorce - Fraud by husband - Consent of wife for the purpose of marriage was obtained by fraud, considering husband as qualified doctor - Evidence on record shows that husband was not having any qualification beyond intermediate - Name of husband in Ration card described as `Dr' - Even in..........

Showing : 771-780 of 1805 Results