Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Wife is not staying with husband for the last more than 11 years - Marriage between parties had broken down irretrievably and there is no chance of their coming together or living together again - Family Court was perfectly justified in holding that there were hardly any chances that wife and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife withdrawn from the society of husband without any reasonable cause - No cogent and reliable evidence led by wife which may show that husband has withdrawn himself from company of wife without any sufficient reason or cause - Rather, it is wife who deserted husband for a..........
Agreement to sell -- Specific performance - Purpose of sale stated to be for marriage expenses - Held, document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Unfounded allegations made by wife amounting to character assassination against husband and his father has inflicted mental cruelty upon husband - Divorce granted to husband...........
Hindu Adoptions and Maintenance Act, 1956, Section 20(3), 3(b) -- Maintenance to major unmarried daughter - Right is created to unmarried daughter to claim expenses incident to marriage and Courts also cannot be in denial mode when such right is claimed by unmarried daughter - Right of unmarried daughter for anticipated expenses of marriage is required to be ascertained to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Conduct of wife in calling husband as stingy person and also sharing intimate details with her sisters would definitely amount to mental cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void marriage - Partition suit - Plaintiffs have not disputed that defendant no.1(a) had married deceased during subsistence of marriage with plaintiff with deceased - Though marriage between defendant no.1(a) and deceased is hit by S.11 r/w S.5(i) of Hindu Marriage Act and it is a void marriage,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 2(2), 13 -- Rejection of divorce petition on the ground of maintainability - Marriage between parties was solemnized in Arya Samaj Temple and not according to customs and usage of Scheduled Tribe - Husband did not disclose any custom or usage which confers right upon him against maintainability..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has produced sufficient material on record to prove both physical as well as mental cruelty meted out to her by her husband - Various incidents were narrated by wife and an inference can be drawn against husband that he had not only ill treated her but also was in the habit of..........
