Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of dowry demand and extra marital relationship with one woman was made by wife against husband, which amounts to mental cruelty upon husband - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Admittedly, 13 years have passed since both the parties are living separately, which by itself amounts to cruelty u/s 13(1)(ia) of the Act - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce petition - Territorial jurisdiction - Term `residing' denotes more than a causal visit to a place falling within territorial jurisdiction of Court where a divorce proceeding may be instituted...........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce petition - Jurisdiction - Wife continuing to reside in Australia though under force of circumstances, it has to be maintained in law that she is not residing within the territorial jurisdiction of Court at place `M' - Dismissal of petition for lack of jurisdiction, upheld...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Cannot be accepted as strait jacket formula for grant of divorce under Article 142 of the Constitution of India - Exercise of power to dissolve the marriage should be exercised by balancing out the equities between the conflicting claims of parties - Such discretion should be exercised..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are staying separate since long - Husband is aged about 89 years and wife is aged about 82 years - Wife all throughout her life has maintained scared relationship since 1963 and has taken care of three children - She is still ready and willing to take care of her husband and..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Epilepsy is neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder for making a ground u/s 13(1)(iii) of the Act - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband contended that mental condition of wife suffering from epileptic fits was causing him cruelty - However, having not proved the ground of epilepsy, holding that husband was subjected to cruelty or mental torture due to wife's mental condition would be totally without any basis -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife attempted to commit suicide and suicide note is on record - However, wife explained in her evidence that she was made to write note literally under duress from husband and only to avoid being forced out of matrimonial home by husband - No ground of cruelty is made..........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce by mutual consent - Waiving of waiting period - Where there is no possibility of rapprochement and parties are not willing to live together coupled with the fact that they have been living separately for considerable time, High Court can dispense with cooling period, otherwise required to be given to parties to think..........
