Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Husband nowhere stated in his evidence as to when wife deserted him - Merely because wife stayed away to complete her studies cannot be said that she had deserted husband - Rather, evidence shows that husband had no accommodation and he is staying with his relatives and even not applied for any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False allegations - Wife levelling false allegation against husband regarding his illicit affair with another woman - Departmental inquiry against husband proved him innocent - Due to false allegation, husband suffered disrepute and even temporary suspension, which was later quashed - Such false..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - If a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty and entitle the other spouse to claim divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Supreme Court of India by exercising power under Article 142 of the Constitution has plenary powers to pass decree on the ground of irretrievable break down of marriage - However, this power is not bestowed on any other Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Physical violence is not always essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of S.13(1)(ia) of Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband alleges that wife is having illicit relations with her distant relative before her marriage and which persisted even thereafter as proved by frequent visits of that person with whom wife had illicit relations in the absence of husband - False and wild allegations made by wife against husband..........
Hindu Marriage Act, 1955, Section 13(1)(i)(ia) -- Divorce - Cruelty and adultery - Evidence on record shows that husband had leveled false allegations of unchastity against wife - It is not the wife whose behavior had been cruel towards husband rather it is husband who by leveling allegations against her character has been admittedly cruel towards her - By filing divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Allegations made by wife about demand of Rs.10,000 by husband and his mother - Cannot be said to be of such a serious nature that it constitutes mental cruelty to husband which can entitle him for decree of divorce - Divorce rightly not granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Alleged incidents of desertion are prior to filing of petition and husband sought decree for restitution of conjugal rights consequently condoning lapses on part of wife - Moreover, prayer for decree of divorce on ground of separation for more than two years was sought by amending the petition after wife..........
