Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Petition filed by wife - Husband filed petition for restitution of conjugal rights - Parties participated in the conciliation proceedings but there are no chances of amicable settlement between parties - Even husband also not interested to continue marriage, but just to get his ego satisfied, he want wife to be with him..........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 13 -- Preventive detention - Maximum period of detention is 12 months - However, if order of preventive detention is sustainable, detenu will continue in custody without opportunity to move for bail...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not properly served - Specific plea of defendant that he was not even residing at the address given when he was sought to be served - In that situation, heavy onus was on plaintiff to prove signatures of defendant on the notice issued by trial Court, which failed to do..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Petition by wife on ground of desertion and cruelty - Husband proceeded ex parte - Specific assertion by wife that immediately after her marriage husband started harassing and humiliating her for several reasons including about facial looks and also extended physical harassment - Statement of wife..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Documents sought not referred in the written statement - Application filed by defendant was bereft of any reason much less cogent reasons, explaining the delay and necessity of such documents, sought to be placed on record - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 24, 13 -- Maintenance pendente lite - Remains payable till divorce petition is disposed of - Benefit of interim maintenance is not available after disposal of divorce petition...........
Hindu Marriage Act, 1955, Section 24, 13 -- Maintenance pendente lite - Dismissal of divorce petition - Husband is not absolved of the liability to pay maintenance pendente lite for the period when divorce petition was alive - Dismissal of main petition results in denial of benefit u/s 24 of the Act for the subsequent period...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty may be physical or mental - Physical cruelty can be judged on the basis of direct evidence whereas mental cruelty is to be inferred on analyzing the factual matrix of each case and drawing conclusion thereon...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty is evident where one spouse treats the other and manifests such feelings towards him or her as to cause reasonable apprehension that it will be harmful or injurious to live with other spouse...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Acquittal of husband and his family members of matrimonial offences u/ss 406, 498-A IPC - Appeal filed by wife thereagainst pending - It is sufficient to hold that it caused mental cruelty to husband, as it would cause reasonable apprehension in the mind of husband that it was not safe for him..........
