Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of police complaints by husband against mother, friend, well wishers, prosecutor or Advocate of his own wife is certainly causing mental harassment to wife - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has pointed out some instance of cruelty - However, such instances are not supported by cogent and acceptable evidence of cruelty - Husband neither examined any independent witnesses nor produced any documentary evidence with regard to filing of criminal cases alleging attempt..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made only bald statements about mental disorder of wife - Neither any expert doctor was examined nor produced any documentary evidence by husband to show that wife is suffering from unsoundness of mind - Wife stated that she is ready for any medical test but husband has not made..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of criminal case cannot be construed as mental cruelty unless jurisdictional Court gives finding that initiation of case is malicious and false one...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Harassment and demand of dowry was the reason for wife to leave matrimonial home - Wife was and is always ready to join husband - Desertion on the part of wife is not voluntary one - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Second marriage performed with the condition that they would not have a child - Such promise cannot be pressed into motion against the human conduct if a lady after marriage expects to have her own child - To deprive a woman from motherhood as a pre-condition for marriage cannot be given a priority - Demand..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Husband filed petition for divorce on ground of cruelty and desertion - Wife left matrimonial home on trivial issues as she could not adjust herself with family members of husband - On leaving matrimonial home wife started filing cases one after the other - Attitude of wife root cause for all sufferings -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Testimony of husband regarding cruelty and desertion meted out to him by wife is uncontroverted - If testimony of witness is not challenged by way of cross-examination, same is taken to be accepted - Family Court rightly granted divorce to husband on the basis..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not been able to deny or rebut specific instances of ill-treatment stated to have been suffered by wife at his hands - He himself having by his own conduct brought matrimonial relationship at a point of irretrievable breakdown, cannot enjoy benefit of his misdeeds - Wife on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Extra martial affair - Complaint itself is not a proof of extra marital relation - To prove extra marital relation, ocular evidence is considered as basic evidence...........
