Showing : 601-610 of 1933 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Four essential conditions are : (i) factum of separation; (ii) animus deserendi; (iii) absence of his or her consent; and (iv) absence of his or her conduct for purpose of proving desertion under the Act...........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Prescription of continuous period of desertion for not less than two years signifies the intention of desertion and conduct of party, burdening the onus of strict proof on petitioner who claims that other party has deserted him/her...........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion by wife - No evidence on record that wife had any intention to bring marriage to an end - Husband failed to prove that wife deserted him, as he himself did not permitted wife to return to matrimonial home after attending her father's bursi - On the contrary husband forcibly..........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion by wife - Temporary departure of wife to attend her father's barsi with the consent of husband - Husband compelled her to stay away and not permitted to return to matrimonial home, does not amount animus deserendi on the part of wife to abandon permanently her matrimonial home...........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty upon husband - Vague, general and unsubstantiated allegations of cruelty by husband against wife - No material on record to support such allegations of cruelty - Plea of wife on the contrary that husband not permitted her to matrimonial home is proved on record - Even forcible..........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Cruel behavior is easy to allege and hard to prove - What is cruelty in one situation may well not be cruelty in another. (Para 7) Hindu Marriage Act, 1955, S.13(1)(ia), 13(1)(ib) - Divorce - Cruelty and desertion by wife - Wife's behavior towards husband and his family members..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(a)-- Divorce - Cruelty upon husband - Merely because wife withdrew entire amount from her salary account and closed the same, by no stretch of imagination, said conduct of wife can be addressed as cruel towards husband, particularly when there is no allegation that wife mis-utilized the said amount for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(a)-- Divorce - Cruelty upon husband - Mere fact that criminal proceedings initiated by wife ended in a judgment of acquittal, by itself would not lead to finding against wife that she is guilty of causing extreme `mental cruelty' to husband which could become basis for dissolution of their marriage -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(a)-- Divorce - Cruelty - May be physical or mental - Mental cruelty is a state of mind - Feeling of deep anguish, disappointment, frustration in one spouse caused by conduct of other for long time may lead to mental cruelty...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(a)-- Divorce - Cruelty - False allegation against wife that she is drug addict - Amounts to cruelty - If being hurt by such unfounded allegation, wife and her father filed a suit for damages against husband, that could not be used by husband to say that litigation caused mental cruelty to him...........

Showing : 601-610 of 1933 Results