ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib), (iii)-- Divorce - Ground of cruelty, desertion and mental disorder of wife - Divorce petition filed after 20 years of marriage - No specific acts in relation to harassment and cruelty by wife pleaded - No where it was mentioned that wife left the house of husband and deserted him - Husband also failed to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Husband pleaded that wife insisting on putting up a separate residence and did not extend co-operation for conducting nuptials - However, consummation of marriage is not in dispute - There is nothing on record, which discloses that wife had ever exhibited any disrespect towards..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Filing of complaint by wife against husband u/s.498-A, IPC by itself cannot be treated as constituting cruelty even if husband is acquitted in the said case, unless it is proved by husband that the very filing of such complaint was motivated and aimed at harassing his family...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - One who complains of desertion must demonstrate that he or she was willing to live with the other spouse and that latter is living separately on account of his her disinclination...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Cruelty - May be mental or physical, intentional or unintentional - It is the conduct in relation to or in respect of matrimonial duties and obligations - Conduct complained of must be "grave and weighty" so as to come to a conclusion that spouse cannot be reasonably expected to live with the..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Desertion - It is necessary to prove two elements - (i) absence of consent; (ii) absence of conduct giving reasonable cause to the spouse to leave the matrimonial home to form the necessary intention...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - As a counter blast to the petition filed by husband for restitution of conjugal rights wife got registered a criminal case u/s 498-A IPC against husband and his family members - Wife was not interested in living with husband because according to her cruelty had been meted out to her -..........
DELHI HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Mental cruelty - Sustained reprehensible conduct, studied neglect, indifferent or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure which amount to mental cruelty...........
DELHI HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Cruelty - Divorce petition by husband - Husband made admission contrary to the pleadings in his cross examination - Trial Court gave undue weight to the fact that wife could not establish the acts of cruelty alleged by her - In a petition for divorce it is petitioner who has to establish the acts..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Only a competent court can grant decree of divorce - Divorce cannot be granted to a party governed by Hindu Marriage Act or Special Marriage Act, based upon any consent letter between them...........