Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition filed by husband - Applicant not appearing before trial Court - Evidence of husband stands recorded and only the evidence of wife is to be recorded - Averment regarding paucity of funds also not made out - No case made out for transfer of case at the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Not a ground for divorce even though parties are living separately for last more than twenty years - Fact that wife expressed time and again her desire to go back to matrimonial home and not to suffer title of divorced women is enough not to infer irretrievable breakdown of marriage...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - This ground is not available to grant of divorce decree by lower courts including the High Court...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Irretrievable breakdown of marriage - Merely leaving matrimonial home and living separately with her father and on mere filing of complaint u/ss 498-A, 406, IPC and maintenance u/s 125, CrPC does not entitle husband to seek divorce - Unless stated grounds of divorce u/s 13 of the Act are established,..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Criminal Procedure Code, S. 125 - Maintenance - Divorce obtained by husband on ground of adultery - No reason to claim absolution from liability to pay maintenance to his divorced wife u/s 125 CrPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion by wife - Husband failed to prove that wife committed cruelty towards him, his mother and sister and deserted him without reasonable cause - Before leaving matrimonial home, wife informed her husband on telephone about her altercations with mother-in-law and sister-in-law - Inspite of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 6, Rule 2 -- Divorce - Cruelty - Appellant/husband not able to make out his case that after solemnization of marriage respondent/wife treated him with cruelty by refusing to have sexual intercourse with him as well as by her promiscuous conduct - Wife specifically stated in her written statement..........
Hindu Marriage Act, 1955, Section 13(1)(b) -- Divorce - Cruelty - Proof - Held, appellant was given beatings by husband and her i, laws in lieu of demand of dowry - She was not provided adequate food and as a result malnutrition, the appellant and her daughter fell ill during the period of her stay with the respondent - These facts itself amount to harassment and cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Irretrievable brake down of marriage - Petition for divorce - Parties are living separately for a period of 17 years - Appellant was ill-treated by the respondent and his family members in lieu of demand of dowry - Held, it is abundantly clear that the marriage between the parties is broken down irretrievably and there is no..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Material on record shows that wife was rude and cruel not only to husband, but, also, to his parents - Husband was an employee of Durgapur Steel Plant and he was a neurotic patient - Under medical advice, excitements were to be avoided, but wife continued to use filthy and abusive languages causing..........
