Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Difference in temperament or in behavior of husband and wife, does not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Where husband starts residing and having relation with another lady and he also had one daughter from that relationship, he cannot expect from his legally weeded wife that she should reside with him - Withdrawal of wife from the company of husband, is fully justified and not without..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement - Dispute between parties settled amicably - Prolonged litigation between parties and long separation spanning over period of around 12 years - Marriage between parties stands dissolved by decree of divorce by mutual consent - Parties shall abide by terms and conditions referred in Memo of..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree of restitution of conjugal rights in favour of wife - Non resumption of cohabitation for a period of more than one year after decree due to non co-operation of wife - Decree of divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Cruelty and desertion - Divorce petition by husband - Husband failed to prove cruel conduct of wife even on yardstick of preponderance of probability - Moreover, husband failed to prove that wife left matrimonial home on her own without informing him and his family members - Rather his own sister contradicted him -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty meted out to child by wife - Can be treated as cruelty to husband, especially when child is being reared by both parents and they are under moral obligation to take care of her physical, emotional and mental well being...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Serious allegations made by wife in her complaint filed under PWDV Act, but she did not pursue the complaint - Ground of cruelty against husband is made out - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties living separately for quite number of years - However, wife did not take any steps to live with husband - Even otherwise, wife not interested in contesting the matter, as despite service of notice, she did not appear before this Court - Desertion on the part of wife is proved..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Application of wife for setting aside decree on ground of fraud, coercion and undue influence - Wife already led evidence - Application of wife dismissed on an application being filed by husband holding that wife should file appeal before High Court - Held, as District Judge had opted to..........
Evidence Act, 1872, Section 21 -- Admission - Statement made by plaintiffs that late husband of plaintiff no.1 after the death of his wife married defendant, is undoubtedly a statement of admission, as it is made against original contention that plaintiff no.1 alone is his legally wedded wife - Said admission as per S.21 of the Act can be proved against plaintiffs by..........
