Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Statutory period of one year prescribed u/s 14 of the Act waived as parties lived together only for about seven days after marriage and thereafter separated - Marriage remained unconsummated and there are no children from wedlock - Both the parties have..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Marriage has never been consummated - Parties have lived separately since inception, reside in different countries and there is no material to indicate any possibility of resumption of matrimonial life - Insisting upon adherence to statutory period of one..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - For separation parties are subject to S.14 of the Act - Neither party has claimed exceptional hardship and depravity - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 14 -- Divorce - Petition for divorce filed within two months of marriage - Neither separate prayer for grant of leave u/s 14 of the Act was made nor other party raised any objection on that ground - Petition was contested on merits and evidence was led - Objection not raised until the commencement of final arguments - Parties residing..........
Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Mutual incompatibility between parties, not a ground to seek exemption from one year limitation in filing divorce petition...........
Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Routine grounds such as incompatibility between parties and their failure to live together depicts no exceptional hardship or exceptional depravity so as to invoke jurisdiction u/s 14 Proviso of the Act...........
Hindu Marriage Act, 1955, Section 14 -- Divorce - Bar created u/s 14 of the Act is not the entertainment of a divorce petition within one year of marriage, rather bar arises on presentation of petition within one year of a marriage...........
Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Mere fact that divorce petition was not decided within one year or soon thereafter and it was decided after expiry of much time, bar contained u/s 14(1) of the Act remained relevant and petition may not become competent by passage of time, as cause of action may only be seen..........
