Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Doubting of character of wife gives justified reasons to wife to reside separately out of her matrimonial home - Case of husband of mental cruelty on account of depriving him of his matrimonial rights would not hold good - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Allegation that wife was no, responsive to attempts made by husband to reside with him - Evidence on record shows that legal notice issued by husband though not responded to but, thereafter, wife started residing with husband in matrimonial home - It cannot be said that wife was not..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Both husband and wife are residing separately from last 20 years - However, perusal of deposition of husband and wife is sufficient to hold that there is no irretrievable breakdown of marriage - Moreover, wife is meted out with cruelty, therefore it is not expected that husband can derive..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty & desertion - Petition by husband - Husband who leaves his newly wedded wife at her paternal home and does not return to enquire and take care of his wife, not to speak of having a look at new born child till she is 14 years old, is himself guilty of such cruel conduct that he does not deserve any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Criminal proceedings against husband - Husband though acquitted after trial in criminal proceedings launched by wife, however, appeal against same is pending and acquittal is yet to reach finality - Moreover, admission on the part of husband that his love for wife is lost immediately..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of other party...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Wife proved on record that she has been treated with cruelty by act of husband who used verbal abuses and insults by using filthy language which constantly disturbed her mental peace - She even proceed to the extent of filing criminal case against husband u/s 498-A IPC - No cross..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13A -- Divorce - Mental cruelty - Petition by wife - Where wife proves on record that she was being treated with cruelty, which is one of ground for granting decree of divorce u/s 13(1)(ia) of the Act, there appears no reason for Family Court to still grant her decree for judicial separation instead of decree of divorce that too..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband pleaded that his wife never respected his family members and she extended threats to them and use filthy and abusive language for them - However, neither husband disclosed time and place when such quarrel took place or threat extended or abuses hurled nor specific instance or..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Cruelty - Act of cruelty once condoned, cannot be taken as ground of cruelty subsequently, for seeking divorce in view of S.23(1)(b) of the Act...........
