Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage, cruelty and non-consummation of marriage - Petition by husband - Parties are living separately continuously since 2015 just after 15 days of their marriage - Marriage was not consummated from the very beginning - Marriage bond is beyond repairable and broken down irretrievably - There is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific instance of misbehavior, misconduct, abuse etc. committed by wife disclosed in evidence of husband - Statement of husband without any detail and corroboration that attitude of wife was not good or that she was abusive towards him and his parents or that she was staying with..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - There must be two essential conditions namely : (i) the factum of separation; (ii) the intention to bring cohabitation permanently to an end - Whereas in respect of deserted spouse, absence of consent and absence of conduct giving reasonable cause to spouse leaving matrimonial home would be a necessary..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If husband keeps another lady, gives shelter to her and proceeds to have child with said lady and for that reason if first wife has to leave matrimonial home because of physical and mental torture meted out to her it cannot be presumed as a desertion on part of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Where wife decided to stay for some more time in her own parental house after delivery of child, it is not understandable as to how such a case could have been brought before Court and more importantly without even waiting for a reasonable period of time - Ground of cruelty not made..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Refusal of conjugal relationship by wife at the very inception of marriage when parties are young and newly wedded, amount to mental cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making unscrupulous and unsubstantiated allegations by wife harming reputation and mental health of husband, amounts to cruelty towards husband - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties have lived together only for a period of 90 days or thereabouts - Wife deserted husband and continued living in her mother's house, which shows that there was no attraction/subsistence of marital bond between herself and husband and conduct of abandonment of marital life is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife produced Internet downloaded copy of Bharat Matrimony advertisement, where husband posed himself as a bachelor for a second marriage even when his marriage with wife subsisting - However, these documents are electronic documents marked without any certificate as per S.65-B of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife bilaterally decided to reside together and cohabit after condoning the so called act of cruelty - It is not the case of husband that said decision was unilateral act of wife - Case would be squarely covered by provisions of Ss.23. 23(1)(b) of Hindu Marriage Act -..........
