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..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not been able to deny or rebut specific instances of ill-treatment stated to have been suffered by wife at his hands - He himself having by his own conduct brought matrimonial relationship at a point of irretrievable breakdown, cannot enjoy benefit of his misdeeds - Wife on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Grave allegations in written statement not proved - Such conduct of wife constitutes grave mental cruelty against husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was torturing wife physically and mentally - If wife is not interested she cannot be forced to live together with husband - Divorce rightly granted to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Leaving wife in penury by husband without offering anything to sustain in life, despite order from Court, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite has to be construed as an incident of cruelty caused by husband upon wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Petition by wife - Husband contended that allegation of physical cruelty in absence of medical record does not lead any credence to allegations of her being subjected to cruelty - Contention rejected, as in matrimonial disputes, wife and family members try to solve matrimonial disputes at their own..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Earlier petition for divorce filed by wife was withdrawn on assurance of husband that he will live with her with love and dignity but he failed to honour the promise and again subjected her to atrocities mental and physical - Wife is living separately along with child - Defence of husband..........
