Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not levelled any frivolous allegation against wife - He was making efforts to save his marriage for future of minor daughter - Even, baseless allegations were made by wife against husband that he was having an extra marital affair and he was a drug addict - Behaviour of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband having illicit relations with her cousin sister - Offence u/s 498-A IPC against cousin sister is made out not in the context of status as other woman, but in her capacity as cousin sister of husband against whom specific allegations, prima facie constituting cruelty has been made...........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that wife was beaten up both physically and mentally on demand of dowry - However, no medical document to substantiate fact of injury on complainant - None of PWs deposed that filthy languages uttered by accused to cause mental torture on complainant - Delay in lodging complaint remained unexplained - No..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Neither ground of desertion considered by trial Court nor framed any issue in relation to that - Trial Court passed the judgment only on the aspect of cruelty - When specific ground was pleaded and was allowed to be pleaded, it was duty of trial Court to frame issue in that regard and to permit the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - In matrimonial cases statement of parties to marriage is sufficient as they are potential witnesses - Observation of trial Court that husband did not examine any independent witness is fallacious...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Incurable mental ailment of spouse - A partner to marriage when has a incurable mental ailment leading to irresponsible and violent behaviour, it certainly makes life of victim spouse a living hell and makes it impossible for him to live with partner with safety to his life and mental peace to him/her -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Incurable mental ailment of wife - Husband earlier filed divorce petition but to give a second try to his matrimonial life he compromised the matter - However, after compromise behavior of wife did not change and she continued with her bad behavior - Continuation of bad behavior by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Long separation of seven years between parties during which they have been litigating would show that marriage between parties has become a deadwood and beyond repairs on account of bitterness between parties - Such long separation is bound to create unbridgeable distance between..........
