Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties stayed together only for 14 days after their marriage - Merely because on account of death of husband's mother, wife visited her matrimonial home and stayed there only for one day, it cannot be said that there was a resumption of cohabitation, moreso when wife has not stated..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Criminal proceedings initiated by wife against husband and his family members just after living 15 days in her matrimonial home and merely after 3 months of marriage and that too without having patience to wait and make efforts to reconcile the dispute amicably - Wife has resolved to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage, cruelty and non-consummation of marriage - Petition by husband - Parties are living separately continuously since 2015 just after 15 days of their marriage - Marriage was not consummated from the very beginning - Marriage bond is beyond repairable and broken down irretrievably - There is..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Deceased was married to accused 16/17 years ago and soon after marriage, she was subjected to torture and was admitted to hospital - Divorce proceedings was instituted by husband but on intervention of Court matter was reconciled and couple reunited but accused continued torture upon deceased -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are living separately for the last 10 years - Compromise arrived at between parties and they have decided to take divorce by mutual consent - Marriage between parties is irrevocably broken down - There is no possibility of reconciliation between them - Mandate of statutory period of 6 months as..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific instance of misbehavior, misconduct, abuse etc. committed by wife disclosed in evidence of husband - Statement of husband without any detail and corroboration that attitude of wife was not good or that she was abusive towards him and his parents or that she was staying with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Interim bail - Murder - Accused applied for interim bail for a period of 10 days to attend sister's marriage - He being only brother has to perform certain rituals and make all the arrangements of his sister's wedding - Interim bail granted to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife - Petition filed on representation of wife that she is agreeable to divorce by mutual consent - Amount of Rs.6,50,000 was deposited by husband and wife has withdrawn the same - Wife is thus, estopped from withdrawing her consent - Decree of divorce by mutual..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Both the parties categorically stated that they could not live together and have withdrawn from society of each other due to temperamental and other differences and are living separately since 2020 - They settled all disputes regarding maintenance, Stridhan and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - There must be two essential conditions namely : (i) the factum of separation; (ii) the intention to bring cohabitation permanently to an end - Whereas in respect of deserted spouse, absence of consent and absence of conduct giving reasonable cause to spouse leaving matrimonial home would be a necessary..........
