Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Material on record shows that wife was rude and cruel not only to husband, but, also, to his parents - Husband was an employee of Durgapur Steel Plant and he was a neurotic patient - Under medical advice, excitements were to be avoided, but wife continued to use filthy and abusive languages causing..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Matrimonial dispute - Parties settled their dispute amicably - Transfer petition does not survive...........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce - Reconciliation - Court in first instance must make endeavour to bring about reconciliation between parties - Failure to make such endeavour deprives Court of jurisdiction to try and decide the case - It will undoubtedly be a serious omission to be taken into account...........
Hindu Marriage Act, 1955, Section 13(2)(iii) -- Non resumption of cohabitation between parties for a period of one year from the date of passing of interim order u/s 125 Cr.P.C. - `Order' in the provision cannot be read as final order - Provision of S.13(2) (iii) of the Act can be invoked where an order has been passed either u/s 125 Cr.P.C. or u/s 18 of Hindu Adoptions..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13B -- Divorce by mutual consent - Divorce petition filed by wife - Parties agreed to withdraw criminal cases filed against each other - Held, divorce petition converted into one u/s 13-B of Hindu Marriage Act and divorce granted to parties by mutual consent...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband on ground of mental cruelty - Unsubstantiated allegations by wife that husband is having extra marital relations - Wife failed to prove those allegations by examining witnesses in support thereof - Constitutes mental cruelty - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 22, Rule 1 -- Divorce petition - Dismissal of - Appeal thereagainst - Appellant/husband died during pendency of appeal - Application for bringing on record LRs. of deceased husband - Held, decree of dismissal of divorce petition of appellant/husband would continue to operate against his legal heirs..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Giving repeated threats to commit suicide amounts to cruelty - In the instant case wife once even tried to commit suicide by jumping from the terrace - Decree of divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce petition by husband on ground of `unsound mind' of wife which alleged to be incurable - Husband examined four doctors - All the four doctors/Psychiatrists who treated the wife prescribed medicines and expressed the view that it is 'incurable' - Even wife and her father admitted in cross examination that wife had taken..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
