Hindu Marriage Act, 1955, Section 13 -- Cruelty - Divorce petition - When a person undergoes a trial in which he is acquitted of allegations of offence u/s 498-A IPC levelled by wife against husband it amounts to cruelty on husband and he is entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Extension of time for payment - Husband contended that marriage between parties is itself is null and void as per observation of criminal Court, he is not liable to pay maintenance to wife - Contention rejected, as until and unless a competent civil Court passes a decree of divorce, observations made in..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Not a ground to grant divorce under the Act...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband alleges that wife was having an adulterous relationship with one `R' - However, husband not made said `R' as party to proceeding to prove adultery - Entire case is based on so called complaint given by brother of wife to police - There is no other direct evidence to..........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent given for divorce by mutual consent can be withdrawn by one of parties before Court grants decree of divorce by mutual consent and when said consent is withdrawn, Court cannot pass a decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent by husband - Consent given can be withdrawn by one of the parties before Court grants decree of divorce by mutual consent - Dismissal of petition for divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband alleged in his petition that he was driven out from quarters by his father-in-law and brother-in-law - However, no such allegation was made by husband in his cross-examination - Evidence of witnesses of husband is inconsistent and contradictory to each other - Wife on the other hand stated..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Legal course adopted by wife to protect her rights cannot be considered as inflicting cruelty on husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty upon husband - Filing of rape case by wife against husband in which he was finally acquitted amounts to mental cruelty - Divorce petition rightly allowed...........
