Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Filing of petition before expiry of period of one year of marriage - Court may permit parties to file petition u/s 13-B of the Act before expiry of period of one year in exceptional cases...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree granted - Wife claimed before Division Bench of High Court that marriage was not solemnized on 6.6.2012 as claimed in the petition but it was solemnized on 6.12.2012 and that petition was filed before expiry of one year of marriage - Matter was remitted for decision afresh - Trial Court not gave an..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegation by wife that husband was having relationship with one `G' and many other women - While being examined wife stated that she got information about the same from other sources - What was the source under which she got information not specifically stated - Allegation..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegations of cruelty - Particular instances not pleaded in plaint and proved by adducing evidence - Husband has made contradictory statement that his relations with wife were not cordial after Gauna ceremony - It was husband who harassed, tortured and assaulted wife and wife..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband alleges that on the first night after their marriage wife stated that she was having love affairs with someone else before her marriage and her marriage was solemnized by her parents forcibly and that she was compelled to do so - However, wife denied such fact in her written..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Charge of cruelty not made out from the instances cited by husband - All six counts of charge of cruelty were in itself not only unsubstantiated and taken together also, did not constitute any such act of cruelty by wife against husband - On the contrary wife having suffered cruelty..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Family Court can examine factual foundation of criminal action instituted by wife and examine it for limited purpose whether allegations on face of it, appears to be fake or concocted so that aspect of `cruelty' can be decided...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband initially filed petition u/s 9 of the Act which was permitted to be withdrawn when wife set in motion criminal action - Allegations of cruelty are subsequent to filing of petition u/s 9 of the Act by husband - Contention of wife that application filed u/s 9 of the Act itself..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Hurling of false accusation which ended in acquittal of husband, amounts to cruelty against husband within meaning of S.13(1)(ia) of the Act - Divorce rightly granted in favour of husband...........
