Hindu Marriage Act, 1955, Section 12(1)(c), 5(iii) -- Child marriage - Voidable at the option of minor spouse at the time of marriage - Only minor spouse has a right to seek annulment of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of criminal case against husband - Where husband acquitted by first appellate Court in criminal case filed by wife, but wife challenged the same before High Court and upon its dismissal, also challenged the same before Supreme Court, which was also dismissed, itself amounts to cruelty against..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife often insulted and abused husband and his family members - She frequently visited her parent's house without any information to i, laws or the husband - Factum of pregnancy and giving birth to a female child was never informed to husband by wife and when he visited i, laws house..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife frequently visited her parent's house without any information to i, laws or husband - Incident of fleeing away at the time when father of husband was hospitalized due to heart attack, without consent of husband, shows that she never wanted to join her husband - Wife lived for a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere insistence of wife to live with her husband at his work place, so that she lived a decent life - Does not amount to cruelty towards husband - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Sufficient and satisfactory evidence was not led by husband to prove ground of cruelty - Wife has not left the matrimonial home on her own volition - Even wife is willing to join the company of her husband but he does not want to join her company - Grounds of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Normal wear and tear of family life - Does not amount to cruelty - Cruelty is something more than normal wear and tear of family life and party opting it as ground for divorce has to establish that on account of cruel treatment of opposite party, his life has become miserable and it is impossible to continue the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband failed to prove that marriage between parties has irretrievably broken down - Specific case of wife is that she desires to have reunion stands against said contention of husband - Thus, marriage not dissolved on this ground...........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7 -- Custody of minor girl aged 8 years - Minor girl was living with her mother from last 5 years - Minor girl preferred to stay with her mother - In such situation, if minor girl is detached from company of her mother, she will be thrown out to severe consequences which later on..........
Hindu Marriage Act, 1955, Section 14 -- Proviso, 13 - Exemption to file divorce petition within one year of marriage - Exemption sought by husband - A case of exceptional hardship to husband as marriage not consummated as wife was not agreeable for entering into matrimonial tie and this fact not disclosed before marriage to husband - Exemption granted - Petition filed by..........
