Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband made admission contrary to the pleadings in his cross examination - Trial Court gave undue weight to the fact that wife could not establish the acts of cruelty alleged by her - In a petition for divorce it is petitioner who has to establish the acts of cruelty - Allegations not..........
Hindu Marriage Act, 1955, Section 23 -- Divorce - Cruelty - Condonation - Held, necessary elements of condonation are forgiveness and restoration...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation leveled against husband of having illicit relationship - Wife failed to substantiate the same in any manner - Held, such allegations made by wife have caused mental cruelty to husband - He is entitled to a decree of divorce...........
Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife had a job in Pune and agreed to get herself transferred to Mumbai after marriage - Contention of husband that her failure and refusal to abide by her commitment pertaining to transfer to Mumbai amounts to cruelty - Held, her evidence appears to be straightforward and honest - Why she did not apply for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cannot be without an application/motion taken out in this regard by defendant...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950 - - Divorce by mutual consent - Parties arrived at settlement during pendency of SLP from the order of maintenance - Memorandum of settlement accepted as it is in the interest of parties and their children - Since parties have also agreed for annulment of marriage, decree of divorce granted u/s.13-B of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife not able to conceive or to give birth to a child - By itself not a ground for divorce as no fault is attributable to her behaviour and conduct which construed as cruelty to husband...........
Hindu Marriage Act, 1955, Section 13(1)(iii), 9 -- Divorce - Husband seeking divorce on the ground that wife is suffering from "schizophrenia" - Wife seeking restitution of conjugal rights - Report of team of doctors that wife though suffering from `illness of schizophrenic type', does not show symptoms of psychotic illness at present and has responded well to the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife being a permanent resident of Canada came to India for the purpose of solemnizing her marriage - She left India without her husband - Husband called her many times asking her to come to India and live with him as his wife but she did not respond - Thereafter they have been living separately and no..........
