Showing : 11-20 of 1691 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 11-- Divorce - Res judicata - Grounds for dissolution of marriage are of continuing or recurring nature - If incidents giving rise to cruelty, desertion and adultery are different, cause of action will also differ depending on facts and circumstances - When cause of action is of continuing and..........
GAUHATI HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(i)(ia)-- Divorce - Cruelty - Petition by husband - Statement of wife that she is not interested in leading conjugal life with husband in collateral proceedings relating to guardianship of child, cannot be used to prove cruelty in the present case - Since, record discloses that wife not participated in..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - No specific incident of cruelty alleged by husband nor he examined any witness who can support the allegations of cruelty - Ordinary wear and tear of life cannot be said to be cruelty - More so, husband was living in same house with wife even after..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Divorce - Adultery - Petition by husband - Allegation that wife used to visit her brother-in-law which he did not like and many times prevented her - However, evidence on record shows that wife was living away from her native place and her sister and her husband lived at the place where wife..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Irretrievable breakdown of marriage - Not recognized under statue - Irretrievable breakdown of marriage may have academic relevance but it cannot become a ground for seeking divorce in a petition before Court...........
GAUHATI HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by husband - Merely because wife is residing in her parental house since last 17 years, by itself cannot be a ground for dissolution of marriage, unless factum of desertion is proved and animus decidendi is also established - Decree of divorce set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(2)(iv)-- Marriage performed when wife was just 13 years of age - Marriage repudiated when wife was more than 15 years but less than 18 years - Provision of S.13(2)(iv) of the Act, squarely applies to her case - No evidence led by husband except denying date of birth of wife and muklawa ceremony which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Petition by wife - Husband is ready and willing for dissolution of his marriage with wife on the condition that she would not ask to pay amount towards permanent alimony or towards maintenance pendente lite - Wife on the other hand also stated that she would not claim either maintenance..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Petition by husband - Two FIRs u/ss 498-A, 406 IPC lodged against husband by wife, which was later compromised - Husband launched proceedings u/s 9 of Hindu Marriage Act, but withdrew the same - Parties are living separately since 2011 - Husband alleges that marriage took place without..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Refusal of cohabitation by wife after 16 years of marriage cannot be considered as one of ground for dissolution of marriage and a ground of cruelty, particularly when marriage was consummated earlier and due to said wedlock a girl child was born, as this is a natural..........

Showing : 11-20 of 1691 Results