Hindu Marriage Act, 1955, Section 13(1)(a) -- Cruelty - Refusal to participate in the customary ceremonies after marriage - Refusal in the presence of family members - Amounts to an act of cruelty on the part of wife...........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition filed by husband on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Cruelty and desertion by wife not proved - There used to be some quarrels between parties which usually occur in family - Four children born out of the wedlock - Shows good relationship of parties -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - After passing of the decree husband remarried - Held, just because husband has remarried, the requirement of proper service cannot be done away with...........
Hindu Marriage Act, 1955, Section 13(1)(1A), Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Matrimonial proceedings - Arrears of maintenance - Power of Court - Held, Court has discretionary power to ask defaulter husband to clear arrears due in one petition while entertaining other matrimonial proceedings - No hyper-technical approach can be taken by Judge but..........
Hindu Marriage Act, 1955, Section 13(1) -- Desertion - Refusal to discharge fundamental obligations of matrimony without good cause definitely constitutes intention to desert...........
Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Wife wrote letters to superior of husband depicting him as adulterer and womanizer - Also requested him to refrain from promotion and transferring him from place to place - Held, such allegations are sufficient to satisfy elements of mental cruelty on part of wife...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition filed by husband - Applicant not appearing before trial Court - Evidence of husband stands recorded and only the evidence of wife is to be recorded - Averment regarding paucity of funds also not made out - No case made out for transfer of case at the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Not a ground for divorce even though parties are living separately for last more than twenty years - Fact that wife expressed time and again her desire to go back to matrimonial home and not to suffer title of divorced women is enough not to infer irretrievable breakdown of marriage...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - This ground is not available to grant of divorce decree by lower courts including the High Court...........
