Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately since 1998 - Marriage has irretrievably broken down and thus, like a deadwood for all purposes and cannot be revived - Divorce rightly granted on the ground of desertion...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife withdrawn from the society of husband without any reasonable cause - No cogent and reliable evidence led by wife which may show that husband has withdrawn himself from company of wife without any sufficient reason or cause - Rather, it is wife who deserted husband for a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Unfounded allegations made by wife amounting to character assassination against husband and his father has inflicted mental cruelty upon husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Conduct of wife in calling husband as stingy person and also sharing intimate details with her sisters would definitely amount to mental cruelty - Divorce rightly granted to husband...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 2(2), 13 -- Rejection of divorce petition on the ground of maintainability - Marriage between parties was solemnized in Arya Samaj Temple and not according to customs and usage of Scheduled Tribe - Husband did not disclose any custom or usage which confers right upon him against maintainability..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has produced sufficient material on record to prove both physical as well as mental cruelty meted out to her by her husband - Various incidents were narrated by wife and an inference can be drawn against husband that he had not only ill treated her but also was in the habit of..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately since 2004 i.e 18 years have passed - Chances of reconciliation are impossible, as matter was referred to mediation but report was one of failure - Nothing really subsists in the marriage except mutual acrimony -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Acquittal of husband from charge for absence of evidence beyond reasonable doubt in a case filed by wife, cannot be held that initiation of prosecution was on basis of false complaint - Ground of cruelty cannot be proved on such ground - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not return to matrimonial home despite husband going to bring her back with his brother and mother, despite notice requisitioning the wife to rejoin husband and despite petition u/s 9 of Hindu Marriage Act being filed by husband - She could not justify not returning to..........
