Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental and physical cruelty - Petition by husband - Evidence on record shows that mental cruelty by wife is not of such nature that it is impossible to live with her - Neither injury report was produced by husband nor any witness claim who had seen wife assaulting husband - All witnesses are hearsay witnesses -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left matrimonial home on 5-6-2008 - Petition for divorce filed on 30-6-2008 - Continuous period of not less than 2 years immediately on presentation of petition not completed - Divorce petition not maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty without specific particulars with regard to time, date and manner of committing cruelty cannot form cruelty in strict sense...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere coldness and lack of affection cannot amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of criminal cases is not sufficient to construe an act of cruelty unless and until such cases are found to be false...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Use of liquor on some occasion cannot be held to be a continuing misconduct on the part of husband - No allegation has come forth to highlight antecedent behavior of husband in the context of use of liquor or narcotics, rather evidence of PW3 is in consonance with stand of husband, which..........
Hindu Marriage Act, 1955, Section 27 -- Disposal of property - Jurisdiction - Matrimonial Courts has jurisdiction to dispose of matrimonial property, without taking recourse to file separate civil suit, provided it was presented at or about time of marriage...........
Civil Procedure Code, 1908, Order 6, Rule 10, Hindu Marriage Act, 1955, Section 27 -- Disposal of Stridhana - Return of plaint - Want of jurisdiction - Application filed by i, laws stating their intention to return stridhana articles of their daughter-in-law - U/S 27 of 1955, Act matrimonial Courts has jurisdiction to decide the dispute regarding matrimonial property -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Calling of names and hurling of abuses such as `Hathi', `Mota Hathi' and `Mota Elephant' by wife in respect of her husband even if he was overweight, is bound to strike at his self respect and self esteem and that amounts to cruelty, particularly when such taunts were not made jokingly or out of love and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty committed by wife upon husband was condoned by husband - However, wife revived such cruelty by committing such offence again - Said acts of cruelty though condoned but it gives a cause of action upon revival - Husband, held, entitled to seek dissolution of marriage on the earlier condoned offence...........
