Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife was driven out of matrimonial home after birth of female child - Held, even if wife left matrimonial home it shall not amount to desertion because she did not do so without reasonable cause - Husband failed to prove desertion - Divorce not granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground of marriage by deceit and force at the point of pistol - No criminal complaint lodged - No pleading or evidence that family members of husband were not present during marriage or that guests during marriage ceremony were extremely limited or that it were the relatives of wife alone who were..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife filing criminal complaint against her husband & in laws alleging dowry harassment - No evidence to prove that complaint was false - It will not be taken as proof of cruelty or harassment on her part - Petition filed by husband dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Attempt to commit suicide by wife - Mere admission by wife that she made an attempt to commit suicide and was saved by her parents, itself will not be enough to come to conclusion that she was guilty of committing cruelty on her husband - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband seeking divorce on ground that his wife became suspicious and was giving sexual tortures - But, what was the nature of suspicion and in what aspects wife suspected him, was not stated either in petition or in his proof affidavit - There were only bald statements without necessary particulars & proof..........
Hindu Marriage Act, 1955, Section 7 -- Karewa marriage - Customary form of marriage - Valid among Jat Sikhs of Punjab - A widow entering into Karewa form of marriage with brother of her deceased husband - Mere execution of Karewanama, even without proof of governing customary ceremony to celebrate a marriage would be sufficient proof of valid marriage and conferring the..........
Hindu Marriage Act, 1955, Section 7 -- Karewa marriage - Customary form of marriage among Jat Sikhs of Punjab - Father of widow tied turban on the head of younger brother of deceased husband of her daughter, who in turn put chadder on widow - Gur was distributed - Thereafter both lived as husband and wife - Held, it confers all the rights of valid marriage - Wife entitled..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of desertion introduced by way of amendment of petition - Amendment will not relate back to the date of filing of petition - Ground of desertion will become available from the date of grant of amendment...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of desertion introduced by way of amendment of petition - Amendment allowed on 19.10.1996 - Desertion has to be proved from 19.10.1994 onwards and that it was without reasonable cause and without consent or against wish...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Hindu Marriage Act, 1955, Section 9, 13 -- Petition for restitution of conjugal rights - By amendment petition converted to a petition for divorce on ground of desertion - Parties contested the proceedings for grant of divorce - Decree of divorce granted - Held, mere failure in framing an issue with regard to restitution of..........
