Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Remarriage - Does not render application U.O.9.R.13 CPC and application under section 5 Limitation Act infructuous...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Wife not personally served - Notice through publication in newspaper - Newspaper published from Kanpur whereas wife lived at Dehradun - Exparte divorce decree set aside...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage-A ground for divorce - Supreme Court recommends to Union of India to seriously consider bringing an amendment in the Hindu Marriage Act for grant of divorce on this count...........
Hindu Marriage Act, 1955, Section 13, 10 -- Mental cruelty - Can be caused when an allegation is levelled that petitioner is a mental patient, or that he requires expert psychological treatment to restore his mental health, that he is suffering from paranoid disorder and mental hallucinations, and to crown it all, to allege that he and all the members of his family are a..........
Hindu Marriage Act, 1955, Section 13, 10 -- Cruelty - To be understood in the ordinary sense of the term in matrimonial affairs - If intention is to harm, harass or hurt which could be inferred by the nature of the conduct or brutal act complained of, cruelty can be easily established - However, absence of intention does not make any difference - There may be instance of..........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Largely depend upon the type of life the parties are accustomed to or their economic and social conditions and their culture and human values to which they attach importance - Each case has to be decided on its own merits...........
Hindu Marriage Act, 1955, Section 13, 10 -- Physical violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of Section 10 of the Act - Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to..........
Hindu Marriage Act, 1955, Section 13, Evidence Act, 1872, Section 114 -- Mental disorder - Husband alleged to be suffering from Paranoid Schizophrenia - Husband refusing to submit himself for medical examination and go before the medical Board - This confirms the plea of wife that husband is suffering from Paranoid Schizophrenia and Court can draw adverse inference in view..........
Hindu Marriage Act, 1955, Section 13, Evidence Act, 1872, Section 114 -- Divorce - Petition by wife on ground of cruelty and mental disorder - In absence of any evidence led by husband the evidence led by wife has to be relied upon...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Mental disorder - Where parties are young and mental disorder is of such type that sexual act and procreation of children is not possible it may furnish a good ground for nullifying the marriage...........
