Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have not lived together for more than 43 days - Wife left matrimonial house within first month of marriage - Period of separation has been more than 22 years - Mediation and conciliation proceedings have failed - Parties have fought multiple legal battles against each other..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Medical examination of wife - Divorce proceedings - Strong prima facie evidence is required to order medical examination of wife...........
Civil Procedure Code, 1908, Order 26, Rule 10A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce proceedings - Medical examination of wife - Husband has sought to project wife being of unsoundness of mind - Husband in his petition for annulment of marriage has not preferred petition invoking mental unsoundness of wife but it is filed on the ground of cruelty - Writ..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife one day locked herself in the room and PCR was called and door was broken open and she was found in an unconscious state - Wife had taken contrary stands according to her convenience in her statements made at different times - In medical record there is nothing to reflect that either she was beaten up..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife was subjected to dowry demands, harassment and was beaten and tortured on various occasions and was treated like a maid servant in the house - No challenge made to testimony of wife by husband - Testimony of wife corroborated by medical documents - Such conduct of husband necessarily..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made only bald statements about mental disorder of wife - Neither any expert doctor was examined nor produced any documentary evidence by husband to show that wife is suffering from unsoundness of mind - Wife stated that she is ready for any medical test but husband has not made..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Petition by wife - Husband contended that allegation of physical cruelty in absence of medical record does not lead any credence to allegations of her being subjected to cruelty - Contention rejected, as in matrimonial disputes, wife and family members try to solve matrimonial disputes at their own..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Illicit relationship of wife - Wife was found pregnant when husband had gone aboard - Neither any evidence was led by wife to prove that husband had not gone to abroad at the relevant time nor with respect to medical test of husband in which his sperm count was zero and positive pregnancy test of wife -..........
Divorce Act, 1869, Section 10 -- Divorce - Non-consummation of marriage - Petition by husband - Both the parties have made reciprocal accusation for non-consummation of marriage - Factum of non-consummation of marriage between parties is corroborated by medical reports of wife - Parties are unable to consummate marriage due to practical impossibility to perform sexual act..........
