Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 13 -- Rejection of plaint - Divorce petition filed by wife in Indian Court - Cannot be rejected on the ground that husband had already obtained a decree of divorce from a Foreign Court, as it is not a ground for rejection of plaint - However, husband can raise plea of res judicata as one of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Divorce petition by husband alleging mental and physical cruelty on part of wife - Acts of cruelty stood condoned by husband and parties started living together - No evidence that wife caused any further cruelty to husband - Dismissal of divorce petition merely on basis of said fact, improper - Limited..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife leveling reckless and scandalous allegation against husband that he maintained illicit intimacy with a neighbour - Such false allegation caused severe mental agony to husband as it become impossible for him to lead matrimonial life with her - Husband, held, entitled to decree of divorce u/s..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - No restitution of conjugal rights between parties for more than one year after passing of decree u/s 9 of Hindu Marriage Act - Non-execution of decree of restitution of conjugal rights - Even in the absence of any attempt being made by husband by way of resorting to execution proceedings under CPC, husband entitled..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband drug addict and not earning anything - This by itself is cruelty to wife - Divorce granted to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife living separately from her husband for more than two years before presenting the petition as she had been treated with cruelty - Even if wife was compelled to leave the matrimonial home due to conduct of her husband and i, laws, it would amount to desertion by husband - Moreover, husband not willing..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Bar of fresh suit - First petition for grant of decree of divorce filed by husband withdrawn without seeking leave of Court to institute a fresh petition for grant of decree of divorce - Second petition for divorce filed by husband refers to several acts of cruelty inflicted by wife on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife making false allegations in regard to demand of dowry by husband or his mother - It surely constitute an act of cruelty - Decree of divorce can be granted on said ground...........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Adultery - Proof - In most of such cases there is no direct evidence regarding adultery and it can be established by circumstantial evidence - It is not always possible that witnesses would see one of spouses with paramour in objectionable posture or position so as to prove charge of adultery...........
