Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife suffering from epilepsy - Not a ground for granting decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Suppression of fact that wife was suffering from epilepsy before marriage - Wife suffering from epilepsy since her childhood - Even if it is established that wife is suffering from epilepsy, it is not a ground for granting decree for dissolution of marriage - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental and physical - It is quite insensible and impractical for Courts to insist on adduction of independent oral evidence as in most of matrimonial cases, such cruelties usually takes place only within the four walls of one's own house - Courts have to proceed with inquiry into the truth of allegations..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Act does not permit a spouse to sue for divorce on the ground of desertion before continuous period of desertion completes two years...........
Hindu Marriage Act, 1955, Section 13, 23(1) -- Divorce - Petition by wrong doer - When spouse sues for dissolution of marriage after taking advantage of his or her own wrong or disability also, S.23(1) of the Act empowers Court to refuse relief sought notwithstanding that truth of allegation was not denied specifically or by necessary implication...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condonation of cruelty - Reunion of spouses for a temporary period during pendency of proceeding for divorce pursuant to settlement of matrimonial issues will not defeat claim for dissolution of marriage on the ground of alleged condonation of cruelty nor will it bar continuance of proceeding when their..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Act of cruelty once condoned could certainly revive and give rise to a cause of action for dissolution of marriage, when offending spouse exploits and takes unfair advantage of generosity or benevolence shown by wronged spouse and takes to matrimonial misdeeds over again...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Parties living separately after three months of marriage - There was no cohabitation - No attempt was made by wife to rejoin husband - Wife admitted that husband did ask for cohabitation, which she refused - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(v) -- Divorce - Venereal disease - HIV - Petition by husband - Concealment of fact by wife regarding her being HIV positive from husband - Husband is entitled to decree of divorce - Divorce granted...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Where matter regarding divorce petition is disposed of, wife cannot file any application for permanent alimony in such disposed matter - Application dismissed being not maintainable...........
