Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-consummation of marriage by wife - Paternity of child is disputed - Husband and wife both stayed separately for over 14 years - DNA test report proved that child born to wife is not of husband - Even testimonies of PWs demonstrates that both husband and wife not lead a happy marital life - Mental..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To prove cruelty, in matrimonial cases, contemporaneous nature of evidence is important...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Not remembering exact date of leaving matrimonial home cannot lead to a conclusion that wife was not a truthful witness and her credibility was doubtful...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Merely because wife was neglecting her duties or that she was abusive and insulting, would not be sufficient to constitute an act of cruelty unless and until specific instances showing such a conduct are pleaded and proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere frustrations or desperations cannot be a ground of divorce - Cruelty should be of such a nature that it becomes impossible for a spouse to live with the other...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Burden of proof - Burden is on husband to prove acts of cruelty, as petition for divorce was filed by husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Isolated instance alone and that too without any proof cannot be a ground to dissolve marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Averments in petition are general and repetitive and mere incidents of any marriage and its normal wear and tear - Husband not pleaded any incident which would be of such a grave or serious nature so as to give rise to a danger or an apprehension that it was dangerous to live with wife - He..........
Hindu Succession Act, 1956, Section 6(as - - Right of married daughter to file partition suit - Retrospective application of daughter`s right in co-parcenary property was not available when earlier partition suit filed in 2004 came to be decreed - Daughter held, justified in filing subsequent suit for partition, as fresh cause of action has arisen to her to maintain the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Mere fact that wife unable to conceive, cannot be treated to be an act of cruelty...........
