Showing : 491-500 of 1785 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental cruelty - Cannot be defined through a straitjacket formula - Mental cruelty can at times cause more grievous harm than physical cruelty - In cases of mental cruelty the facts need to be delved into - Court is required to reconstruct the mental process as well as extrapolate the..........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental cruelty - When whole conduct of spouse shows instances of ill treatment including allegations which cast aspersions on the fidelity of other spouse which in turn could demoralize the affected spouse causing mental agony and stress then under such circumstances a strong case of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental cruelty - Publication of an article in a newspaper referring to wife as adulterous and such fact admitted by husband during trial suggests a mental element in defaming wife to the world at large particularly when husband failed to prove such adulterous relationship of wife -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 21-- Divorce - Medical examination - Matrimonial Court has power to order a person to undergo medical test - But, such power has to be exercised only in cases where applicant establishes a `strong prima facie case' and there is sufficient material before Court - Consequence of refusing to subject to..........
KERALA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 21-- Divorce - Medical examination - Order as to - Medical Board to examine petitioner and report whether marriage of petitioner was consummated or whether petitioner is still a virgin - Held, question whether respondent had sexual relationship with petitioner is not relevant for deciding the issue -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Desertion commences when fact of separation and animus deserendi co-exist - However, it is not necessary that they should commence at the same time...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - If a spouse abandons the other spouse in a state of temporary passion in anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion, as quality of permanence is one of the essential elements which differentiates desertion from..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty upon husband - Non-consummation of marriage by wife - However, evidence on record shows that wife was ready and willing to live with husband - Even mother of wife deposed that her daughter was ready and willing to live with husband - Wife performed all marital obligations - It..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Both parties living separately since 2007 - Evidence on record clearly shows that wife was ready to perform her matrimonial obligations but husband never allowed her to do so - Husband forced her to leave matrimonial home and he was not interested in resuming cohabitation..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(iii)-- Divorce - Mental disorder of wife - Wife suffering from Schizophrenia which is kept under control with regular medication - Her situation was not out of control situation - During her symptoms also wife was not wild not offensive or harmful - Even wife was MCA graduate and was employed prior to..........

Showing : 491-500 of 1785 Results