Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Where wife voluntarily deprived husband of her company and comfort of a matrimonial life, same amounts to cruelty - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife started living in a separate room in same house and stopped taking to any of members of family - She used to cook food only for herself and that too separately - Wife frequently hurled abuses on her husband and even threatened to implicate him in a false case of dowry - More so, wife..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 151 -- Divorce decree - Expunging of remarks against wife - Observation/fact that "she was living with her bahnoi" - Plea by wife that it is casting aspersion and stigma on her personal character - Husband having no objection for expunging the remark - Said remark expunged from the judgment...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - Petition by wife - Wife alleges that husband forced her to share bed with his friends and colleagues - Such fact is supported by PW2 - Husband subjected wife to mental cruelty by pressuring and coercing her to do such act which cannot be justified and expected from..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife threatening to implicate husband in false criminal case - Allegations levelled against wife are totally frivolous, ill founded and vague in nature - Had it been a case where wife actually had been threatening to implicate husband and his family in a false criminal case there was nothing which prevented..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of six months - Provision of S.13-B(2) of the Act is not mandatory and it is directory - Family Court can waive the cooling period subject to satisfaction of the eventualities, viz.: : (i) when there are no chance of reconciliation and parties already separated for a longer..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Waiver of statutory period of six months - Long separation - Merely because parties were residing separately in order to have higher education cannot be said to be separation because of any mutual understanding or dispute - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Waiver of statutory period of six months - Parties are not contesting the proceedings for a period longer than period mentioned in S.13-B(2) of H.M Act - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder - Wife suffering from schizophrenia - Husband failed to prove that wife was suffering from disease of schizophrenia and same was not curable - Though medical document as to mental illness of wife exhibited by husband but he failed to produce any expert medical evidence to prove said document - Mere..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty and misbehavior levelled against wife are vague in nature - Husband failed to refer any particular incident much less specific date to show that wife had misbehaved with him and his parents or inflicted such immeasurable agony on them so as to compel him to resort to extreme step of..........
