Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Plea of suppression of age by husband at the time of marriage - Admission of wife during cross examination that she was aware of actual age of husband at the time of marriage - Wife failed to establish allegation of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Decree of divorce can be granted only on the grounds set out in S.13 or S.13-B of the Act and not on the ground that marriage is emotionally and practically dead...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Irretrievable break down of marriage - It is only the Supreme Court of India, which can, in exercise of its extra ordinary powers under Article 142 of the Constitution of India, can grant divorce on the ground that marriage had broken down irretrievably...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband contended that reckless and wild allegations were made by wife against his character in the presence of his friends and relatives which amounts to cruelty - However, nothing was mentioned in the divorce petition that wife said so in the presence of any friend and relative - No such friend and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband alleges that his wife treated him with cruelty but in reality wife was subjected to cruelty for not bearing a male child - Since other daughter-i, law of family had two sons, whereas elder son of family had only female child, it is likely that desire for a male child led the husband and his family..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion - Since wife did not conceive for almost 11 years after birth of her daughter, relations between parties worsened and life of wife was made hell and ultimately she was turned out of her matrimonial home - Moreover, husband was not prepared to keep his wife with him - Husband showed ignorance as to whether..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Willful refusal to fulfill matrimonial obligations in certain circumstances can also amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Deprivation of company to husband and denial of enjoyment of married life is cruelty on physique and mind of husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion is the negation of living together which is the essence of matrimony - If it is unjustifiable, it constitutes a ground for matrimonial relief...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife took away her jewellery and articles and refused to come back in her matrimonial home and living separately for almost 4 years - Animus deserendi proved on her part - Divorce granted to husband...........
