Hindu Marriage Act, 1955, Section 13 -- Divorce petition by wife -Discrepancy in dates of certain events in statement of wife - Testimony cannot be rejected on this ground as most people especially illiterate people keep only a rough estimate of various dates of events...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition by wife - Wife staying in matrimonial home for 4-5 days only and repudiating the marriage due to cruelty of husband and in-laws - No hard and fast rules can be laid down that a party must suffer for a certain minimum period before the party can be held to have justifiably decided to repudiate the marriage because of..........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - If committed by the brothers of the wife or by third parties - Such cruelty if not shown to have been done by them at the instance of the wife then the same cannot be attributed to the wife entitling the husband to seek divorce on the ground of cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Divorce petition by husband - Certain allegations levelled by the wife against the husband in the written statement - Husband did not seek amendment of the petition seeking divorce on the ground of cruelty after these allegations had been made in the written statement - No relief can be granted to the husband on the basis..........
Hindu Marriage Act, 1955, Section 13 -- Husband desperate to have a child - Wife not able to bear - The fact that the wife has not given birth to a child does not give a cause to the appellant to seek divorce...........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 13, 26 -- Interim order for the custody of minor son and daughter passed in favour of respondent - It is an interlocutory order - Appeal is not maintainable in view of S.19 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental Cruelty - Must of such a nature that the parties cannot reasonably be expected to live together - It is not necessary to prove that the mental cruelty is of such as to cause injury to the health of the other spouse - While arriving at such conclusion regard must be had to the social status, educational level of the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Wife alleging in written statement that husband is `Paranoid disorder', `mental patient', `need psychological treatment to make him act as a normal person' etc. - Justified for the husband in saying that it is not possible for him to live with the wife in view of the said allegations - Abundantly clear that the marriage..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable incompatibility is not a ground for divorce...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Adultery - Allegation by husband - Burden is on husband to prove the allegation - Burden never shifts to wife until allegation is proved - Corroborative evidence is necessary to accept plea of adultery - Mere allegation by husband and his only evidence is not sufficient - Finding of lower Court that burden is on wife to..........
