Showing : 781-790 of 1820 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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)-- Divorce - Adultery - Proof - In most of such cases there is no direct evidence regarding adultery and it can be established by circumstantial evidence - It is not always possible that witnesses would see one of spouses with paramour in objectionable posture or position so as to prove charge of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)-- Divorce - Adultery - Wife lived separately in a rented house and her paramour used to visit her - This fact is corroborated by statement of PW2 owner of rented house - Even father of wife also stated against her daughter and he already disowned her because of her misdeeds - Held, husband proved..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)-- Divorce - Adultery - Husband took the plea of adulterous life of wife in a petition filed by wife u/s 125 Cr.P.C. - Court came to the conclusion that wife had willfully deserted her husband as such she had no right to claim maintenance - Relief of interim maintenance was also declined - Held,..........
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...........

Showing : 781-790 of 1820 Results