Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Extra-marital affair of wife - Exchange of emails between her and her paramour - Wife apologized to husband gave an assurance that she would repeat her mistakes in future - Plea of wife that husband fabricated emails - Hard to digest and deserves to be rejected outrightly - Wife is trying to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of criminal case by wife against husband in which he was acquitted, amounts to cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - A single act of physical violence or leveling of false accusation by itself at times can be said to be of unpardonable nature so as to satisfy test of cruelty, as there is not any set standard by which nature and degree of cruelty can be measured...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Unbecoming behavior of wife of misbehaving with her mother-in-law on very next day of marriage and also telling husband that he was not her liking and in fact she wanted to marry someone else is indicative of cruel behavior of wife towards husband - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of divorce petition by wife though later on withdrawn on the pretext that it was filed mistakenly by her counsel instead of a petition for restitution of conjugal rights, shows that she was not interested to live with husband, particularly when wife never filed a petition for restitution..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Decree of divorce in favour of husband and dismissal of application for restitution of conjugal rights - Appeal by wife - Husband alleges that wife used to abuse his mother and grandmother and did not want to do household work - However, no evidence produced by husband to substantiate such allegations - No criminal action..........
Hindu Marriage Act, 1955, Section 24, 26 -- Order passed u/ss 24, 26 of the Act - Appeal against an order u/s 24 of the Act itself does not lie - However, since order passed both u/ss 24, 26 of the Act, appeal against the said order is maintainable...........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Bald assertion made by husband that he was no longer in employment - It was not disclosed by husband when exactly and in what circumstances he had ceased to remain in employment, nor did he file any counter affidavit in support of his contention to rebut wife's affidavit - Fact that husband was not in..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - There was not even an iota of evidence to show that wife was responsible for any desertion and cruelty - Husband himself was responsible for separation between couple - Irretrievable breakdown of marriage had occurred because of husband himself, therefore, he could not take..........
Hindu Marriage Act, 1955, Section 5, 12 -- Validity of marriage - Marriage below the age of 18 (for girl) and 21 (for boy) is voidable at the instance of minor party...........
