Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Provision of S.13-B(2) of the Act is directory and not mandatory...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Second motion not made within 18 months of filing of first motion - However, first motion was not withdrawn in the meanwhile - Parties are still in agreement regarding them wanting to honorably part ways and move ahead with their lives - Provision of S.13-B(2) of the Act is directory and not mandatory..........
Hindu Marriage Act, 1955, Section 13B(2), Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - Dismissal of petition - Appeal thereagainst - Appeal is maintainable in spite of bar u/s 19(2) of Family Courts Act because impugned judgment was on a petition invoking S.13-B of H.M Act, it was not passed on consent and it matters little that parties supported..........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Every separate living for reason of ordinary wear and tear of married life cannot be considered as ground constituting desertion or cruelty etc...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegations like failure to beget children, ill treatment or cruelty from the end of wife, when seen in the light of husband seeking wife to join matrimonial home creates any amount of clouds and doubt over such allegations and improbabilizes truth thereof - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Non-framing of specific issues - Pleadings to constitute grounds of cruelty and desertion were made in divorce petition and wife could understand the true nature of divorce petition that same has been filed on the grounds of cruelty and desertion and averments of divorce petition were..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has been acquitted from charges of offence u/ss 498-A, 406 IPC - Wife thus, falsely implicated and prosecuted husband in a criminal case - Cruelty has been meted out on husband - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Separation of parties for more than 2 years on the date of filing of divorce petition and animus deserendi on the part of wife is well evident - Since in her statements wife clearly denied to return back and categorically deposed that she does not wish to live with her husband and is not interested for..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere living separately for considerable period of time may not amount to desertion - What is important to be proved is animus for separate living attributable on party/spouse living apart...........
