Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence of relative witnesses - Instances of cruelty - Husband throttled the neck of his step daughter and she was rescued by their neighbor PW3 - Statement of PW3 cannot be brushed aside merely for reason that he was a neighbour or relative of wife in brotherhood - PW3 was a natural witness being a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conduct of husband - In addition to FIR lodged by wife against husband another FIR was also registered against husband by another person - Though said FIR cannot be directly related to matrimonial dispute between husband and wife but it certainly reflects conduct of husband...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievably broken down of marriage - Not a ground of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind or mental disorder of wife - Mental disorder of wife not supported by any cogent or convincing medical evidence - Wife on the other hand, examined two expert doctors and Medical Board of PGI, who found that wife was normal with no abnormality in her - More so, wife is an English lecturer in a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition filed by husband - Allegations of husband are vague and general - No specific incidence of quarrel which humiliated either husband or mother-in-law - Husband not stated any specific date, month or year when wife insulted him in presence of his friends and relatives or left the house without..........
Hindu Marriage Act, 1955, Section 13 - - Divorce - Cruelty - Husband alleged wife had performed second marriage but had not led any evidence - Complaint by itself is not sufficient to establish false and baseless allegation of adultery - No women would tolerate leveling false allegation of adultery on her character - Payment of maintenance charges would not be enough to..........
Hindu Marriage Act, 1955, Section 13(1), (ia) -- Divorce - Cruelty - Meaning - Where one spouse treats other and manifests such feelings towards him or her as to cause reasonable apprehension that it will be harmful or injurious to live with other spouse - Cruelty may be physical or mental - Physical cruelty can be judged on basis of direct evidence whereas mental cruelty..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Cruelty - Proof - Husband had turned out wife from matrimonial home many a times and wife had to be rehabilitated - Nothing on record to show as to why wife would leave her matrimonial home unless wife had compelling reasons - Wife had to take money from her father to meet the daily requirements of life as husband is..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the ground of cruelty and desertion - Petition filed by husband - Initially wife registered a false criminal complaint against the husband and his parents on account of demand for dowry - Allegation that wife had been quarreling with him and his family member on trivial matter - Wife also lodged a false..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the grounds of cruelty and desertion - Wife was harassed for bringing insufficient dowry - Wife was also taunted for not being beautiful and good looking - Husband was addicted to drugs and used to beat wife and wife was thrown out to matrimonial home - Even on birth of child nobody came to meet wife in..........
