Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - One act of adultery by wife - May not be a ground for dissolution of marriage on the ground of living in adultery - However, it is an act of cruelty - Cruelty not condoned by husband - Decree of divorce, upheld...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Where difference between parties are not of such a magnitude and is in the nature of usual wear and tear of marital life, future of child and her marital prospects are also to be kept in view and in such circumstances dissolution of marriage merely because they have been litigating and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Factum of separation of more than 2 years before presentation of divorce petition not made out and animus deserendi not made out from conduct of wife - Ground of desertion not made out - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of criminal cases against husband by wife - Criminal cases were faced by husband because of his own conduct - Moreover, outcome of criminal case is not yet known - Husband failed to establish a serious charge of cruelty upon wife after living together for 26 years of their..........
Hindu Marriage Act, 1955, Section 15 -- Ex parte decree of divorce - Re-marriage by husband after limitation to file appeal against ex parte decree expired - S.15 of the Act permits marriage after dissolution, if there is no right of appeal against decree or if there is such a right of appeal, but time for appealing has expired without an appeal having been presented -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Divorce decree passed without contest and without hearing wife - Interest of justice would be sub served if an opportunity is given to wife to contest the case - Ex pare decree set aside...........
Hindu Marriage Act, 1955, Section 13, 2(2) -- Divorce petition - Maintainability - Parties belongs to Nagesia caste which is Scheduled tribe - There is no notification by Central Government that `the Act' shall apply to members of Nagesia Caste which is Scheduled Tribe - Marriage of both the parties is thus, out of purview of the Act in the light of S.2(2) of the Act and..........
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..........
