Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false or repeated case against husband in addition to many of his family members or relatives amounts to cruelty towards husband - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Sexual insinuation made against husband by wife - Wife made allegation against husband that he has illicit relationship with his younger brother`s mother-in-law - However, there is nothing on record to substantiate this allegation - Even, wife not maintaining matrimonial relationship and is abusive towards..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse leaves matrimonial house in order to secure her life, then temporary disassociation would never amount to desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife was tortured and harassed for demand of dowry, which compelled her to fled away in order to save herself from apprehensive jeopardy - Even husband himself admitted that at many occasions whenever he went to fetch wife she came and joined matrimonial home -..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of document - Only exhibited documents ought to be taken into consideration - However, documents being Government records in original, ought to be read in evidence under provisions of Evidence Act...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Once there is report of refusal, it is mandatory that process server be summoned in the Court and examined while giving..........
Hindu Marriage Act, 1955, Section 13B, 13 -- Divorce by mutual consent - Compromise during pendency of appeal filed against dismissal of petition for divorce - Petition for divorce by mutual consent filed - Appeal ordered to be converted into petition for divorce by mutual consent - Statement of parties recorded - Six months waiting period waived in view of the fact that..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of document - Mere exhibition of document do not dispense with its proof - Demarcation report, even if exhibited, same could not be taken into consideration for having not been proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Actual probable reason for matrimonial discord between parties is one girl, but unfortunately neither party laid any foundation in their pleadings regarding said girl - Husband did not plead that wife started alleging against him that he was having some relations with said girl,..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree of restitution of conjugal rights in favour of husband - Non-resumption of cohabitation between couple due to failure of wife to abide decree - Decree for restitution of conjugal rights is not executable decree - Wife cannot be compelled to live with husband - Divorce granted to husband...........
