Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife forced husband to resign from army service and start a karyana shop - However, no particulars much less the date, time, year and person in whose presence such a demand was raised by wife elicited - Even wife denied that such demand was raised by her - Ground of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife withdrew an amount of Rs.2.50 lacs from joint account of husband and wife in which money was deposited by husband for household expenses - Wife not denied the withdrawal of money but pleaded that said money was utilized for household expenses - Husband failed to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Misbehavior of wife with old parents of husband - No specific date, month and year of any such misconduct on the part of wife incorporated in the divorce petition - Husband failed to lead evidence to establish his plea of misconduct on the part of wife - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Isolated incidents over a period of years, may not amount to cruelty and married life is to be reviewed as a whole - Ill conduct must persist for fairly lengthy period and relationship should have deteriorated to an extent that either party finds it extremely difficult to live with the other party any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - It is a state of mind and feeling with one of the spouses due to behavior or behavioral pattern by other - Concept of cruelty varies from time to time, place to place and from individual to individual in its application according to socio-economic status, economic conditions and various other..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Merely because wife failed to substantiate allegations with regard to relationship of husband with another woman, that does not amount to mental cruelty to husband and would not entitle husband to a decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty by wife - Allegation of harassment and using insulting words by wife towards husband and other family members - However, husband failed to mention date and month of said incidents, which deprived the wife proper opportunity to controvert these allegations though she denied the same in unequivocal terms..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Vague and general allegations levelled against wife - No date, month and year of alleged cruel treatment of wife stated - Moreover, judgment of conviction of husband passed by criminal Court at the instance of wife, which proved that it was husband who..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife left matrimonial home with sufficient cause - Conviction of husband and his parents in criminal proceedings is sufficient to counter plea of desertion on the part of wife - Moreover, there is unnecessary and improper delay in instituting the proceedings,..........
Indian Penal Code, 1860, Section 494, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bigamy - Cruelty - Allegation against relatives of husband - Quashing of proceedings - Second marriage was performed by husband during subsistence of first marriage - No specific allegation against applicants No.2 to 4, except the fact that they co-operated in second..........
