Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation of cruelty must be supported by cogent pleadings and material particulars with regard to date, time and month - However, where cruelty is physical, it must disclose the nature of assault and injuries...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty by husband - Repeated physical assault in drunkard condition - No evidence on record that husband is a habitual drunkard or that he was booked under Punjab Excise Act - Nor any medico-legal report produced to prove allegation that husband beat his wife under influence of liquor - Material particulars..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Allegation of demand of dowry, i.e demand of money, a motorcycle, a buffalo, some of which wife and her witnesses state they satisfied - However, father of wife failed to prove the source of money - More so, these allegations were made subject matter of an FIR u/ss 406, 498-A & 506 IPC, but same..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife stated that she was turned out of her matrimonial home and was not allowed to return - However, husband denied this allegation and in fact stated that he is still ready to resume matrimonial relationship with wife but wife did not come forward with any positive response - Desertion by wife..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of police complaints by wife against husband alleging harassment - Mere filing of complaint against husband by wife to save herself from harassment by husband or to safeguard her interest to maintain the marriage is not considered as cruelty - Divorce rightly not granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion on the part of wife - Separation agreement to live separately - Agreement has no force in the eye of law as it is hit by Ss.23 and 28 of the Contract Act - Separation agreement does not confer any right on husband to seek divorce - Appellant has not proved desertion of continuous two years - Divorce..........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent once passed by Court cannot be annulled later on by an assertion of any party that decree was meant to be sham for facilitating employment in a foreign country - However, except on a plea of insanity or statement made in state of utter stupor when the mental faculties are dimmed, there can be no..........
Hindu Marriage Act, 1955, Section 5, 11 -- Second marriage during subsistence of first marriage - Second marriage is void - However, second marriage could not be held void if it is solemnized prior to enforcement of Hindu Marriage Act, as provisions of H.M. Act are prospective in operation...........
Hindu law -- Property in the name of female member - No presumption as to joint family property - It is for the party who claims properties as joint family properties to specifically plead the particulars and details in the pleadings and establish the same by adducing necessary evidence - In the absence of same there is no need for detailed scrutiny as to how female..........
Hindu law -- Joint family property - There is a presumption that if joint family property had sufficient ancestral nucleus, properties standing or acquired in the name of male members are joint family properties unless the presumption is rebutted by showing that properties are separate properties of a particular member or members in whose names properties stand or were..........
