Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the company of husband on 1.8.2018 and petition for divorce on the ground of desertion filed on 26.4.2019 - Statutory period of 2 years immediately preceding presentation of divorce petition as stipulated u/s 13(1)(ib) of the Act not fulfilled - Divorce petition rightly..........
Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Waiver of mandatory period of one year as prescribed u/s 14 of the Act - Parties stayed together only for 2 days - Both parties received all the articles given by them at the time of marriage - It is further stated that none of them will claim anything with regard to past or future maintenance -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Evidence Act, 1872, Section 102 -- Divorce - Cruelty - Onus to prove allegations of cruelty is on person who alleges it...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband maintained illicit relations with another lady - Said lady/RW5 on oath stated that husband had married her by suppressing his earlier marriage - She specifically stated that they had a daughter from this relationship - Wife stated that it was on account of his illicit relations..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Words used in written statement cannot be taken as a ground of divorce, as grounds of divorce have to be set out in plaint itself and must be available to petitioner at the time of filing of divorce petition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - General allegations levelled by husband in divorce petition - No specific date or any incident narrated in the petition or in evidence of husband or his witnesses - Allegation regarding wife used to quarrel with her mother-in-law by using abusive language, also not proved - Even..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere filing of proceedings u/s 125 Cr.P.C and Ss.498-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act, cannot be treated as a ground of cruelty of wife against her husband, particularly when wife and child are forced to live separately from husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation regarding desertion by wife leaving her matrimonial house with her brother and brother-in-law without informing husband and her in-laws, not proved, as name of brother-in-law has not been disclosed in the petition or evidence of husband and his witnesses - Evidence of PW3,..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Irretrievable breakdown of marriage - Decree of divorce granted on the ground of irretrievable breakdown of marriage by Family Court is erroneous, when both the grounds of cruelty and desertion for seeking divorce had not been proved by husband - Family Court could not have granted divorce except on grounds mentioned..........
