Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Actual probable reason for matrimonial discord between parties is one girl, but unfortunately neither party laid any foundation in their pleadings regarding said girl - Husband did not plead that wife started alleging against him that he was having some relations with said girl,..........
Hindu Marriage Act, 1955, Section 9 -- Application for restitution of conjugal rights by husband - Dismissal of application by trial Court - Husband himself ousted wife from his house without any just and proper reason - Neither husband made any attempt to get back his wife or his daughter to matrimonial home nor paid any amount of maintenance to them - Even, husband made..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife yielded to join matrimonial consortium on some occasions when she was in her paternal home - Rather wife was subjected to cruelty and was assaulted and abused by husband - Personal belongings of wife were ransacked and she was subjected to demand of dowry and torture - Character..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife stated that on account of dowry demand she has no option but to leave matrimonial home - However, there is direct conflict in testimony of wife and her father concerning dowry demands as it is admitted that issue of dowry raised by wife after husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Complaint against husband or withdrawing children from school cannot ipso facto be held, against wife, particularly when wife serving in Army and remained posted at several places - It cannot be said that wife leaving her matrimonial home and said circumstance cannot be, held, against..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife forcibly ousted from the matrimonial home - Wife educated but she is no more working - Husband claimed his gross income to the tune of Rs.3.63 lakhs as per income tax return - Wife must have spent a considerable amount to pursue divorce petition filed by husband - Taking into consideration the status..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife filed application on the allegation that husband turned her out of matrimonial home and re-married - However, husband stands acquitted in case of bigamy filed against him by wife - Even otherwise, significant agricultural land has devolved upon wife from her father's property - Wife failed to prove..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife not willing to reside with husband - She also suggested that her mother-i, law should be sent to old aged home or that parties may reside separate without obtaining divorce - Wife appears to be indifferent and casual towards matrimonial obligations - Husband is entitled to decree of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife is living at place of her posting, which is basic requirement of her job and is reasonable excuse for her to live away from her matrimonial home - Husband failed to prove that wife had withdrawn from society of husband and willingly deserted him - Divorce petition rightly..........
