Civil Procedure Code, 1908, Order 11, Rule 14, Hindu Marriage Act, 1955, Section 13 -- Summoning of medical record - Divorce proceedings - Proposed medical record of wife is summoned from Hospital in order to prove cruelty and mental harassment on part of wife - Before necessary permission to summon medical record is accorded to husband, trial Court has permitted wife to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband - Calling police by wife - Husband caused injury to wife with a paper weight - Wife called the police - No fault can be found in her effort to seek police help - Husband not entitled to seek divorce on this ground...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband - Wife accused husband for medical condition of child by saying that it was due to his faulty genetic make-up - However, said fact does not constitute mental cruelty to husband as wife is a doctor by profession and she told all this as she perceived that husband was trying to hide some..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23 -- Divorce - Mental cruelty to husband - Condonation of alleged cruelty - Alleged acts of cruelty purportedly occurred before 1996 - Parties resided together till the year 2008 - It was the husband who walked out of matrimonial home after long cohabitation of about 12 years - Husband by residing with wife after the alleged..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in criminal proceedings u/ss 406, 498 & 120-B IPC - Held, mere fact that criminal proceedings initiated by wife ended in a judgment of acquittal itself would not lead to a finding against wife that she is guilty of causing extreme mental cruelty to husband as to become the basis for a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Letter written by wife indicating her intention to dissolve marriage by mutual consent and fact that she wanted to marry her old friend, constitutes cruelty to husband, as it causes grievous pain to husband and can break the spirit of husband to continue with martial ties - However, explanation of wife that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband alleges that wife levelled allegation of impotency upon him - However, evidence on record shows that if wife levelled an allegation of impotency against husband, she would not have returned to her matrimonial home nor would husband insisted on resumption of matrimony - Moreover, there..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband - Wife produced letter allegedly written by husband to his sister-i, law (bhabhi) indicating his illicit relations with his bhabhi - However, said letter not proved on record to be love letter and showing any illicit relationship of husband as alleged by wife - But presenting said letter by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband by wife - Proved on record - Marriage has irretrievably broken down by parties as they are living separately for the last 14 years - They have not been able to patch up by Courts and mediation proceedings - Reconciliation and restoration of matrimonial home of parties is not possible under..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty by husband - Repeated physical assault in drunkard condition - No evidence on record that husband is a habitual drunkard or that he was booked under Punjab Excise Act - Nor any medico-legal report produced to prove allegation that husband beat his wife under influence of liquor - Material particulars..........
