Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife used to shout at her i, laws and insult them in presence of guests - Neither such guests nor parents or other relatives of husband examined to substantiate alleged misbehaviour which is insufficient to conclude `cruelty' on part of wife - Ground of cruelty not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false and frivolous complaint against husband by wife - FIR in question filed by wife against husband, prima facie cannot be held to be false, frivolous or vague, as trial is still going on - No court of law has come to conclusion that said FIR was a false one - Plea of husband rejected - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Following acts of wife as alleged by husband are not cruelty Viz. (i) rude and cruel behavior of wife immediately after marriage; (ii) picking up quarrels with every family member on trivial matters; (iii) refusal of wife to have any physical relations with husband immediately after marriage (Except for one..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Natural guardian - Any mental or emotional instability by itself is no ground to deny custody to a natural guardian except insofar as it bears on physical or mental security and welfare of child...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Interim custody of illegitimate child - Petitioner himself admitted that minor child was born not out of a wedlock but out of a romantic relationship between petitioner and mother of child - It is the mother who is the natural guardian of illegitimate minor child - Material on record does not prima facie imply that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation of extra-marital relationship made by wife against husband without establishing same by any cogent evidence amounts to cruelty upon husband - Decree of divorce rightly granted in favour of husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife herself refused to live with husband - There is no relationship between husband and wife, as wife stayed in her matrimonial home for only three days - Wife is residing separately for more than 2 years and has deserted husband - Factum of cruelty also established as mother-in-law..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent - Not maintainable - Decree of divorce by mutual consent does not stand on different footing than a consent decree of a civil Court U.O.23.R.3 CPC - When ground of appeal are on the basis of facts, which were not before Court which passed consent decree..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor daughter - `Ordinarily' be with mother - Expression `ordinarily' is to be construed to mean unless, prima facie it is shown otherwise by father that child would be better taken care of by derivation of motherhood...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor daughter - Claimed by mother - Father took away minor in a clandestine manner - Minor is suffering from a congenital problem, which requires constant medical care and special attention too - Both the parents are well qualified and are working - Paternal grandmother of child died and it is only father..........
