Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation of cruelty were vague and general in nature - No specific instance constituting cruelty was pleaded - Wife had justifiable ground to live separately as no wife can be forced to live in matrimonial home with husband keeping another lady with him - Husband thus, failed to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Concurrent findings on record that allegations made against wife by husband are not factually correct - Even, evidence on record shows that husband is completely within clutches of his parents - Wife had never lodged any police complaint or initiated any other proceedings against..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Illegitimate relationship of wife with two persons - Husband alleged that there were two eye witnesses to the illegitimate relationship of wife - However, husband has not chosen to examine any one of them - Even the letters written to wife by one `J' is not placed on record - Except the pleading..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Levelling of allegations and accusations by husband against wife in newspaper, itself has an effect of lowering her reputation in the eyes of her peers and colleagues - Whether the actual news is defamatory or not is irrelevant for present purpose - Decree of divorce is proper...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of police complaints by husband against mother, friend, well wishers, prosecutor or Advocate of his own wife is certainly causing mental harassment to wife - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Behavior of wife was not respectful towards husband or his family members - Amounts to cruelty towards husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties are living separately since 2013 and no cohabitation took place between them since then - Wife is not much willing to stay with husband - Reason assigned by wife to leave her matrimonial home is not satisfactory and is without just and reasonable cause - Decree of divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Second marriage performed with the condition that they would not have a child - Such promise cannot be pressed into motion against the human conduct if a lady after marriage expects to have her own child - To deprive a woman from motherhood as a pre-condition for marriage cannot be given a priority - Demand..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Husband filed petition for divorce on ground of cruelty and desertion - Wife left matrimonial home on trivial issues as she could not adjust herself with family members of husband - On leaving matrimonial home wife started filing cases one after the other - Attitude of wife root cause for all sufferings -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Testimony of husband regarding cruelty and desertion meted out to him by wife is uncontroverted - If testimony of witness is not challenged by way of cross-examination, same is taken to be accepted - Family Court rightly granted divorce to husband on the basis..........
