Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately for last 25 years - Wife categorically stated that she had no intention to reside with husband - Reasons stated by wife for living separately not substantiated by wife - Since wife has turned down offer made by husband for restitution of conjugal rights..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that brother of wife caused injuries to husband - However, said allegation is subject matter of criminal case - Family Court committed error in attributing cruelty on the part of wife on the basis of alleged injuries suffered by husband purportedly caused by wife's brother -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental cruelty and physical cruelty - Distinction - Explained...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - If a spouse is repeatedly abused, treated harshly and told that he/she is good for nothing then that amounts to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Imputing infidelity to a spouse particularly in Indian social context, would definitely amount to treating that spouse with mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False police complaint lodged by a spouse against the other spouse is definitely a manifestation of mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Wife made serious untrue allegations against husband which shows that love, affection and trust on basis of which a matrimonial relationship builds and survives has reduced to point of naught - Parties have been living separately since 2010 - Feelings of animosity and acrimony..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife - Wife has given evidence regarding cruelty and ill-treatment caused by husband - However, husband is absent and has not contested the case before Family Court and has not questioned factual matrix stated by wife and evidences adduced before Family Court - Evidence of wife remained unchallenged -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parental alienation - Any act on part of one parent calculated to deny love and affection of child to the other parent by alienating child from him/her amounts to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condoning acts of cruelty - In case matrimonial offence is repeated even after an act of condonation on the part of the spouse, it gets revived on the commission of subsequent acts resulting in matrimonial disharmony - Past acts of cruelty even after condonation are grounds to seek divorce if revived by..........
