Hindu Marriage Act, 1955, Section 13, 11 -- Divorce - Res judicata - Grounds for dissolution of marriage are of continuing or recurring nature - If incidents giving rise to cruelty, desertion and adultery are different, cause of action will also differ depending on facts and circumstances - When cause of action is of continuing and recurring nature, subsequent litigation..........
Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Limitation - No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage u/s 24 of the Act - Once marriage is void, same is a nullity and at any time same can be declared as nullity being a void marriage...........
Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Petition by husband - Suppression of factum of first marriage by husband - Plea of customary divorce taken by husband - However, there was no specific issue framed on the alleged customary divorce - Neither there was any issue that wife has knowledge of first marriage of husband, nor husband has led any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Vague allegations of cruelty based on assertion of beating and harassment for dowry made by wife - Same uncorroborated by evidence - Bald allegations made by wife are absolutely ambiguous and no, specific - Neither in her pleadings nor in her affidavit wife narrated any specific case of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - - Husband failed to establish his bona fide in a situation of strained relationship whereas wife placed material on record to prove sufficient reason to refuse to live with husband - Decree granting restitution of conjugal rights in favour of husband, set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Spouse`s infidelity can constitute cruelty to other spouse...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-consummation of marriage by wife - Paternity of child is disputed - Husband and wife both stayed separately for over 14 years - DNA test report proved that child born to wife is not of husband - Even testimonies of PWs demonstrates that both husband and wife not lead a happy marital life - Mental..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To prove cruelty, in matrimonial cases, contemporaneous nature of evidence is important...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Not remembering exact date of leaving matrimonial home cannot lead to a conclusion that wife was not a truthful witness and her credibility was doubtful...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Merely because wife was neglecting her duties or that she was abusive and insulting, would not be sufficient to constitute an act of cruelty unless and until specific instances showing such a conduct are pleaded and proved...........
