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CALCUTTA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Criminal proceedings against husband - Husband though acquitted after trial in criminal proceedings launched by wife, however, appeal against same is pending and acquittal is yet to reach finality - Moreover, admission on the part of husband that his love..........
DELHI HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b)-- Divorce - Cruelty - Condonation - Petition by husband - Allegations that wife refused to cohabit with husband on first night and disclosed her love affairs to him stands condoned by husband, as he admitted such condonation - Better proof of condonation can be taken from fact that marriage was duly..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental cruelty - Filing of false case by wife - Wife made false allegation against husband regarding his mental condition - She also lodged an FIR for the same - Later on wife again lodged a report against husband and i, laws after just 3 days of her return from her matrimonial house -..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by wife - Conduct of parties - After filing petition for divorce by mutual consent, parties developed an understanding whereafter husband remained absent from proceedings, coupled with the fact that wife never made any complaint to police or to elderly members of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - Petition by wife on ground of desertion and cruelty - Husband proceeded ex parte - Specific assertion by wife that immediately after her marriage husband started harassing and humiliating her for several reasons including about facial looks and also extended physical harassment -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Filing of complaints by wife - Merely filing of complaints is not cruelty, if there are justifiable reasons to file the complaints - Merely because no action is taken on the compliant or after trial accused is acquitted may not be ground to treat such accusations of wife as..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental cruelty - Parties living separately for more than 10 years - Husband even after obtaining decree of restitution of conjugal rights not taken steps to enforce the same - Insistence of husband to continue matrimonial tie even though he is fully aware that there is no possibility of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13-- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh cause of action has..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - Cruelty and desertion - Petition by husband - Wife exhibited her wickedness by subjecting husband who is daily wage labourer, to repeated criminal cases and her vileness by compromising after receiving substantial sum of Rs.3 lakhs from husband - Act of wife in filing divorce petition..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - Cruelty and desertion - Petition by husband - Divorce petition filed after 18 years of marriage - Wife forced to leave matrimonial home due to behavior of husband - No efforts made by husband to bring her back - It was the husband who deserted wife - Husband miserably failed to prove..........

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