Hindu Marriage Act, 1955, Section 13(1)(ib), 10(1) -- `Desertion' - Meaning - Elements necessary to constitute desertion - Explained...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Demand of dowry - Amounts to cruelty - Wife is entitled to get a decree for dissolution of marriage. (1988(1) SCC 105 relied on)...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Meaning - Cruelty is nothing but inflicting mental or physical injury to the other spouse in the matrimonial home...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife left the matrimonial home leaving the children behind - Wife did not attend the death ceremonies of her father-in-law - Held, the nagging attitude and total neglect of the children by the wife amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce on ground of Adultery - proof - allegation that wife was having intimate relations with the servant - servant when examined by husband categorically stated that the respondent was like his mother - on appreciation of evidence all the Courts disbelieved this allegation - no reason to disturb the finding...........
Hindu Marriage Act, 1955, Section 13 -- Divorce on ground of cruelty - proof - small piece of glass found in food prepared by wife-according to wife act not deliberate but happened by mischance - lower courts rightly accepted the version - other instances also not relied upon - Held, charge of cruelty not established...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce on ground of desertion - Proof - notice by advocate for the husband to the father of the wife requesting to take away his daughter - other letters also similar - Held, it is not the wife who has deserted the husband and in fact it is the husband who has forced the wife to leave the matrimonial home...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife in written statement alleging that husband has illicit relations with his Bhabhi - Husband neither amending his pleadings nor stating abut this cruelty in his evidence - Allegation in written statement by itself does not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Letter written by wife to her uncle that she was treating the husband as brother - On facts, Held, letter was written under threat and coercion as no woman in her senses would write such a letter voluntarily...........
Hindu Marriage Act, 1955, Section 13 -- Hindu Marriage and Divorce on ground of adultery - pleadings - specific acts of sexual intercourse; the occasion when and the place where such acts were committed; the name, occupation and place of residence of the adulterer so far as they can be ascertained; has to be pleaded...........
