Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Only in case where one of parties does not agree and give consent, only then powers u/art 142 of Constitution are required to be invoked to do substantial justice between parties, considering facts and circumstances of case...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties living separately for the last 22 years - All efforts to continue marriage have failed and there is no possibility of reunion because of strained relations between parties - Marriage between parties appears to be irretrievably broken..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Occasional outburst by a spouse or use of offensive language once in a while cannot be termed as cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Mere filing of petition under PWDV Act by wife, would not constitute cruelty upon husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and trivial allegations made by husband against wife - No evidence placed on record by husband that wife filed false and defamatory complainants against him - Very fact that wife had filed a petition for restitution of conjugal rights goes to show that she had in fact wanted to..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Divorce - Ex-parte decree - Setting aside - Wife even after death of her husband did have a right to challenge ex-parte decree of divorce obtained by her husband...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children of void and voidable marriages - Benefit of legitimacy extended to all illegitimate children born out of wedlock even in absence of decree of nullity of marriage or a void marriage...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children of void and voidable marriages - Civil Court can go into question of nullity or voidability of marriage even in absence of a decree of nullity of marriage or void marriage, when question of legitimacy and benefit conferred u/s 16 of the Act come up for consideration...........
Hindu Marriage Act, 1955, Section 16 -- Benefit of legitimacy - When there is a decree of nullity of marriage or void marriage, civil Court will not have jurisdiction to deal with question of solemnization of marriage or its validity - It is in the absence of such a decree, civil court can go into that question only for the purpose of extending benefit conferred on the..........
Hindu Marriage Act, 1955, Section 16 -- Applicability of S.16 of the Act - S.16 of the Act applies only when there is evidence to show nullity of marriage or voidability of marriage on the ground of existence of an earlier marriage or such other ground and said burden initially lies on person who disputes validity of marriage on account of any such ground...........
