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..........
Special Marriage Act, 1954, Section 25(iii) -- Declaration of marriage as a nullity on ground of fraud - Consent of wife for marriage obtained by fraud and coercion - No evidence led by wife that her consent for marriage was obtained by fraud and coercion - As regarding no, consummation of marriage by husband, same is not a ground u/s 25(iii) of the Act - But even..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband pleaded that wife insisting on putting up a separate residence and did not extend co-operation for conducting nuptials - However, consummation of marriage is not in dispute - There is nothing on record, which discloses that wife had ever exhibited any disrespect towards parents of husband - Specific..........
Hindu Marriage Act, 1955, Section 12(1)(a), 13(1)(a) -- Divorce petition by husband on ground of cruelty and prayer for decree of nullity on ground of non consummation of marriage owing to impotence of wife - Doctor opined that although wife has had sexual intercourse but she was not habituated to it - Plea of non consummation of marriage, therefore, is not available -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Wife not allowing husband to have cohabitation for consummating the marriage - In the absence of cohabitation and consummation of marriage, wife, held not entitled to claim divorce on ground of desertion...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for divorce - Amendment sought for including alternative relief for annulment of marriage on ground of non-consummation - Averments in plaint supported said alternative plea - It cannot be said to be a new plea - Omission to take the plea in plaint by inadvertence is of no consequence - Order..........
