Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - No specific instance of cruelty on part of wife has been cited by husband in his divorce petition - It was simply pleaded that behavior of wife was very cruel towards husband from very beginning of marriage and she was a quarrelsome lady - Such type of general allegations are not sufficient to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Court directed husband to maintain wife in petition filed by wife u/s 9 of Hindu Marriage Act - However, husband remained silent for about 6 years and then he filed divorce petition - During said period of six years he never moved any Court to seek relief of conjugal rights - Ground..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Wife remaining away from her matrimonial home due to conduct of husband - However, neither any effort was made by husband for retrieving wife to her matrimonial home by filing petition u/s 9 of Hindu Marriage Act nor any divorce petition was filed against wife -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Accusation and character assassination of wife by husband in his written statement as well as in evidence in chief, would constitute a mental cruelty - Wife held, entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Levelling false allegations by wife and subjecting husband to a long drawn legal battle and its turmoil amounts to mental cruelty to husband...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Initially, adultery was not even pleaded in grounds for dissolution of marriage - Moreover, it is not fathomable that husband would file a petition for restitution of conjugal rights if he had serious doubts about fidelity of his wife and paternity of second child - Ground of adultery not proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband had led specific instances of cruelty while relying upon evidence of PW2 to PW5, though specific date and time is not given for all incidents averred - Ground of cruelty proved on record - Divorce petition allowed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage by itself is not a ground under the Act, on which alone a decree of divorce can be passed - However, irretrievable breakdown of marriage is a circumstance which Court can take into account when cruelty is proved and blend them together...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Marriage is beyond salvage and parties are living separately for last more than 13 years - Neither of party would achieve anything by denying relief sought by husband - Husband has faced mental agony for almost 13 years by facing proceedings u/s 498-A IPC - Since ground of irretrievable..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife left matrimonial home without sufficient/just/reasonable cause - She stayed away on her own accord and was not prevented from coming back - Wife initiated false and vexatious litigation and complaints against husband and his family - Marriage is beyond..........
