Hindu Marriage Act, 1955, Section 13(1)((ia) -- Mental cruelty - As to what constitute the required mental cruelty for purposes of the provision, will not depend upon the numerical count of such incidents or only on the continuous course of such conduct but really go by the intensity, gravity and stigmatic impact of it when meted out even once and the deleterious effect of..........
Hindu Marriage Act, 1955, Section 13(1)((ia) -- Cruelty - General rule in all question of cruelty is that the whole matrimonial relations must be considered - Indifference and frigidity towards wife, denial of a company to her, hatred and abhorrence for wife or physical, like acts of violence and abstinence from sexual intercourse without reasonable cause - Court has to..........
Hindu Marriage Act, 1955, Section 13, 25 -- Divorce - Appeal against by wife - Parties living separately since 1986 - Allegations of wife in her reply and her statement amounting to cruelty - Decree sustained - No evidence led for permanent alimony - Permanent alimony declined...........
Hindu Marriage Act, 1955, Section 13(1)(b) -- Divorce - Desertion - Husband working in Army - Wife used to accompany husband whenever husband was on leave and was residing at his house - Mere fact that wife was not residing in his absence in the matrimonial home not a ground of desertion - Decree granting divorce set aside...........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Desire to live separately from in-laws - Not an act of cruelty towards husband...........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Tooth bite on left arm - In the absence of any medical evidence or independent witnesses, the mere oral statement of husband and his own father that wife had once given a tooth bite on left arm of husband is not sufficient to prove the allegation - Petition dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Allegation by wife in written statement that her husband was having illicit relations with his 'Bhabhi' (Brother's wife) - Failure to prove the allegation - Levelling of false allegation regarding illicit relations of husband tantamounts to cruelty - Husband is entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition by husband on ground of cruelty and desertion - Husband acquitted in a criminal case lodged by wife u/s 406 IPC - Brother of husband also kept in police custody for some days on complaint of wife - Wife living separately since 1974 - Relations between parties irretrievably broken - Desertion and cruelty on part of..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Husband filed divorce petition at Bhopal - Wife lecturer at Indore - Only one in family to look after aged mother suffering from cancer - Court has to see convenience of parties on priority basis - Suit transferred from Bhopal to Indore...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition by husband - Plea of wife that husband performed second marriage - Son born out of second marriage - DNA test to prove paternity of child - DNA test is useful to determine question of disputed paternity - Court though empowered to order a person to submit to such a test but this power is to be exercised only in..........
