Hindu Marriage Act, 1955, Section 13 -- Cruelty - Demand of dowry - Amounts to cruelty - Wife is entitled to get a decree of divorce on that ground...........
Hindu Marriage Act, 1955, Section 13 -- Desertion - Petition u/s 9 for restitu-tion of conjugal rights filed by husband - The same dismissed for non-prosecution - failure to prove that wife had withdrawn from his company without sufficient reason - Husband wilfully neglected the wife without any reasonable cause in utter disregard of his matrimonial duties and obligations..........
Hindu Marriage Act, 1955, Section 13, 9 -- Desertion - Resumption of cohabitation - Wife staying in the house of the husband in the marriage of his sister - Specific warning to her to refrain herself from raising the issue before the guests - Does not prove that the parties to the marriage resumed cohabitation...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Petition presented before expiry of two years from date of desertion - Petition is not maintainable...........
Hindu Marriage Act, 1955, Section 13 -- Mental cruelty - In the written state-ment wife making false allegations regarding the character of husband and repeated the same in her deposition - Should be taken into considera-tion - Such unfounded and baseless allegations constitute mental cruelty of the gravest character to warrant a divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Time of two years expired after the filing of the suit - Time subsequent to the filing of the suit cannot be considered for computing the period of desertion...........
Hindu Marriage Act, 1955, Section 13(1) (ia) -- Divorce - Husband living with a woman in the house - Wife willing to live with the husband if that female is removed from the house - Held, wife has a good ground for apprehension about unusual relationship between the husband and that female, though in fact, the relationship might actually be free from blemishes - if wife..........
Hindu Marriage Act, 1955, Section 13 -- A husband cannot be granted a decree of annulment of marriage on the ground that the marriage has broken down because of his attitude...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Standard of proof - Proof beyond reasonable doubt of a fact is not the standard of proof required in matrimonial cases - The test to apply is whether on a preponderance of probabilities, the relevant fact is proved...........
Hindu Marriage Act, 1955, Section 13 -- Wife Christian and husband Hindu - Marriage solemnized by priest of a Church by adopting the Christian form of marriage - Divorce petition by wife under Hindu Marriage Act is not maintainable...........
