Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition on ground of cruelty - Amendment sought to seek divorce on additional ground of desertion as period of two years desertion elapsed during pendency of petition - Amendment allowed - However, amendment will relate back to the date of filing of amendment application and not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental disorder of wife - Specific instances of abnormal behaviour of wife not mentioned by husband, though he vaguely contended that she was suffering from mental illness - Evidence of two psychiatrists available on record, but there was no certificate to the effect that wife was suffering from incurable..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of proceedings u/s 498-A IPC and S.125 Cr.P.C. by a person who seeks redressal of grievance under statutory remedy which is available to a party, does not amount to cruelty, as having recourse to a judicial remedy is a constitutional right...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false and frivolous case by wife - Husband and his family members acquitted in proceedings u/s 12 of PWDV Act - Allegations levelled by wife are therefore, false and frivolous and this itself constitutes cruelty against husband - Divorce petition allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband and wife are Hindu by religion - Wife since 2007 not putting on `Bindi' and `Mangalsutra', which are honorous symbol of matrimonial relationship, depict affinity and closeness of wife towards her husband, which shows that she herself has voluntarily discarded relationship of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - There is specific statement made by wife in other co-lateral proceedings that no amount of persuasion would persuade her to join matrimony, which shows that there is no possibility of conciliation - Moreover, all efforts made by Mahila Helpline, Family Court and High Court for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere words spoken by wife during first night or subsequently that her marriage was fixed contrary to her wishes, would not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife herself admitted that she had no intention to resume marital cord with husband after she left marital home in 2002 - Neither wife attempted to return to her marital home nor requested husband or his parents to take her back - Even no efforts were made by wife for moving an..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty has to be assessed from behaviour and conduct of spouse - Normal behaviour and conduct of a spouse is not sufficient to constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - In order to prove cruelty, it is contemporaneous nature of evidence, which is important - Bald statements made in petition, unsupported by any evidence of contemporaneous nature cannot be considered sufficient to prove the facts alleged...........