Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Sole accusation of demand of dowry and misappropriation of dowry articles by wife against husband, is not to be taken into consideration in divorce petition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of complaint for initiation of criminal proceedings by wife, which were found to be baseless and false, do cause harassment and torture to husband and his family - One such complaint is sufficient to constitute matrimonial cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife after leaving matrimonial home in less than 3 months of marriage, indulged in filing of complaints against husband and his family members - She also made false defamatory complaints against husband and his family members - Wife solely examined her aunt but parents and brother of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Marriage between accused and victim - Factum of marriage having been solemnized between accused and victim cannot be a legal ground to absolve accused from criminal liability, if alleged offence is otherwise proved against him - Said factum of marriage is a relevant fact only to evaluate veracity of..........
Hindu Marriage Act, 1955, Section 13(1)(i), Evidence Act, 1872, Section 112 -- Divorce - Paternity of child - DNA test - When husband seeks dissolution of marriage alleging adultery or infidelity on the part of wife disputing paternity of child born during subsistence of their marriage, Court can order DNA test to establish his assertion of infidelity or adultery without..........
Hindu Marriage Act, 1955, Section 13(1)(i), Evidence Act, 1872, Section 112 -- Divorce petition - Paternity of child - DNA test - Whether child is a necessary party - In a divorce petition filed by husband alleging adultery or infidelity on part of wife disputing paternity of child born during subsistence of their marriage, child is not a necessary party - Court can order..........
Evidence Act, 1872, Section 112, Hindu Marriage Act, 1955, Section 13(1)(i) -- DNA test - Paternity of child - Husband filed divorce petition against wife on the ground of adultery and disputing paternity of child - He filed application to conduct DNA test of son of wife as also himself - Husband specifically pleaded that after 22 days of marriage he left to his work place..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for more than 17 years - Marriage between parties is emotionally dead - Though wife intends to live with husband, but no meaningful effort has been made by her for reconciliation - There is thus, no point in persuading them to live together any more -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Continuing acts of wife amounting to cruelty - Would amount to cruelty even if the same had not arisen as a cause prior to the institution of petition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Irretrievable break down of marriage and ground of cruelty on account of subsequent facts - Decree of divorce granted...........
