Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Clean hands - Parties not approaching Court with clean hands - Failure to prove cruelty on application of principle of preponderance of probability - Dismissal of petition calls for no interference...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Collusion - One of the necessary pleadings in a petition for divorce is that parties are not colluding - Even if such statement is made in the plaint, it is duty of Court to be alert and assess the situation throughout the progress of the trial because in a given case, the party may not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of parties - After filing petition for divorce by mutual consent, parties developed an understanding whereafter husband remained absent from proceedings, coupled with the fact that wife never made any complaint to police or to elderly members of society regarding commission of..........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - Adultery - Wife living in adultery and have a child out of this relation - As per DNA test, husband has held not to be the biological father of minor child given birth to by wife - Neither wife nor her lover, is present before Court to controvert any of the averments - On the contrary, husband examined..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Expectation of husband from wife that she should praise him even in front of their neighbours and other people, which she did not do - By such an act itself, it cannot be concluded that husband was insulted by wife or he was subjected to cruelty by wife - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation of desertion against wife not proved by husband - Rather, evidence on record shows that it was husband who deserted wife and compelled her to file a petition for seeking maintenance from him - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - Pleadings of defaulting party struck off - Order upheld...........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Petition filed by wife - Husband filed petition for restitution of conjugal rights - Parties participated in the conciliation proceedings but there are no chances of amicable settlement between parties - Even husband also not interested to continue marriage, but just to get his ego satisfied, he want wife to be with him..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Petition by wife on ground of desertion and cruelty - Husband proceeded ex parte - Specific assertion by wife that immediately after her marriage husband started harassing and humiliating her for several reasons including about facial looks and also extended physical harassment - Statement of wife..........
