Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Initially, adultery was not even pleaded in grounds for dissolution of marriage - Moreover, it is not fathomable that husband would file a petition for restitution of conjugal rights if he had serious doubts about fidelity of his wife and paternity of second child - Ground of adultery not proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband had led specific instances of cruelty while relying upon evidence of PW2 to PW5, though specific date and time is not given for all incidents averred - Ground of cruelty proved on record - Divorce petition allowed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage by itself is not a ground under the Act, on which alone a decree of divorce can be passed - However, irretrievable breakdown of marriage is a circumstance which Court can take into account when cruelty is proved and blend them together...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Marriage is beyond salvage and parties are living separately for last more than 13 years - Neither of party would achieve anything by denying relief sought by husband - Husband has faced mental agony for almost 13 years by facing proceedings u/s 498-A IPC - Since ground of irretrievable..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife left matrimonial home without sufficient/just/reasonable cause - She stayed away on her own accord and was not prevented from coming back - Wife initiated false and vexatious litigation and complaints against husband and his family - Marriage is beyond..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False allegations leveled by wife against husband - Four closure reports by different I.O's - Matter was reinvestigated on directions of High Court and yet again a closure report was filed - Husband thus was treated with mental cruelty - Decree of divorce affirmed...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage by itself is not a ground under the Act on which alone a decree of divorce can be passed - However, irretrievable breakdown of marriage is a circumstance which Court can take into account when cruelty is proved and blend them together...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties are living separately for last more than 18 years - Marriage between parties is beyond salvage - There is no possibility between parties to reside together - Decree of divorce rightly granted by Family Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in prosecution u/s 498-A IPC launched by wife - Mere lodging of complaint or FIR cannot ipso facto be treated as cruelty - But when a person undergoes a trial in which he is acquitted of allegation of offence u/s 498-A IPC, levelled by wife against husband, it cannot be accepted that no..........
Hindu Law -- Joint family property - Relinquishment does not empower other shareholder any right, title and interest and any departure from shares of joint family property may be through any registered instrument...........
