Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty upon husband - Wife being a doctor serving in hospital, was required to stay beyond duty hours for attending emergency cases - This does not make out cruelty on part of wife towards husband, as contended by him...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty upon husband - Allegations of husband that wife was not cooking food for family, she was not liking presence of her sister-in-law and niece in house, are normal wear and tear of married life - Said allegations are of general nature and they do not in any manner spell out cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty upon husband - Merely because wife had lodged complaint u/s 498-A IPC in police station that itself would not be a ground of cruelty, particularly when husband has forwarded number of complaints to police authorities only with view to give counter blast to complaints u/s 498-A IPC lodged by wife...........
Hindu Marriage Act, 1955, Section 10, 13, 13A -- Judicial separation - Parties did not lead any evidence in respect of judicial separation in Family Court - In absence of any material on record, Family Court granted a decree of judicial separation in favour of husband merely for asking - Family Court erred in granting decree of judicial separation particularly in the light..........
Hindu Marriage Act, 1955, Section 10, 13, 13A -- Judicial separation - Discretion is given to Court to grant alternate relief of judicial separation in the event, petitioner makes out a case for grant of decree of dissolution of marriage/divorce in his favour...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Wife failing to cross examine husband in support of her own case or to challenge his allegations of cruelty - Court normally accepts unchallenged and uncontroverted assertions of fact - Failure of wife to effectively cross examine husband shows that she neither seriously..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Act of wife lodging serious complaints against husband and his family under PWDV Act on false grounds which was designed to cause him harm, amounts to mental cruelty - Divorce rightly grated to husband...........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib) -- Interim maintenance - Divorce petition on ground of adultery and cruelty - When husband has raised serious objections of adulterous affairs of wife then Court ought to have taken up both matters together, namely, divorce petition and maintenance application - Order awarding interim maintenance to wife set aside -..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenia as alleged by husband - However, husband failed to examine doctors to support his case - Medical documents produced on record do not indicate that wife was suffering from schizophrenia - Husband thus, miserably failed to prove that wife was suffering from..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Ordinary wear and tear of day to day marital life does not amount to cruelty - For constituting mental cruelty, it has to be proved that because of such cruelty, it has become difficult for spouse to live together...........
