Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Petition filed before expiry of two years from date of alleged desertion - Petition is not maintainable...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Wife not willing to withdrawn criminal proceedings pending against husband and his family members - In criminal prosecution husband and his family members were sent to jail and they had to remain there for considerable long period of time before they were enlarged on bail - Parties not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - (i) On consideration of complete matrimonial life of the parties acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty, (ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes..........
Hindu Marriage Act, 1955, Section 13 -- Wife suffering from mental disorder - Divorce petition by husband - Disorder or disability of mind can only be certified by a qualified medical practitioner and not by a layman - Evidence of witnesses examined by husband not decisive of mental disorder - Doctor examined not able to identify the wife - Doctor did not noted any mark of..........
Hindu Marriage Act, 1955, Section 12(1)(a), Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Divorce granted to wife on ground of impotency of husband - Wife seeking permanent alimony - In absence of any reliable data on point of income, Court is to take into consideration overall financial position of spouses and their necessities having regards not merely to..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Divorce - Right of residence - Wife besides maintenance is entitled to right of residence with equal status as that of husband...........
Hindu Marriage Act, 1955, Section 12(1)(a), Hindu Marriage Act, 1955, Section 25 -- Divorce - Husband not disclosing his correct income to assess alimony - Husband big landlord and having other property worth crores - Income assessed at Rs.1.5 lakhs p.m - Alimony of Rs.40,000 granted p.m. - Wife besides maintenance is also entitled to right of residence with the equal..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent should continue from the date of presentation of the petition to the date of passing of the decree...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - One of the parties absent after waiting period of six months - If a party is absent for two to three days, Court cannot presume his/her consent - Court has to be satisfied about the existence of mutual consent between the parties on some tangible materials which demonstrably disclose such consent...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Plea of husband that wife wanted him to be separate in mess and residence from his natal family - Not a cruelty in absence of evidence that wife treated the husband with cruelty due to unsatisfied desire on her part followed up by any act of reprisal...........
