Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife hardly lived together for a couple of months and initial bickerings were not properly sorted out and both of them are living separately - Husband has not made out a case for cruelty either physical or mental - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Cause of action for filing divorce petition alone can be taken into consideration and what stand was taken in counter claim by wife will not create a new cause of action for husband to take advantage of same and make an attempt to establish ground of cruelty...........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Cruelty - Deceased died an unnatural death within three months of her marriage - However, prosecution has miserably failed to prove that she was subjected to cruelty or harassment with regard to demand of dowry or even otherwise before her death - It is neither a case of murder or of dowry death - Acquittal..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Statutory period of one year prescribed u/s 14 of the Act waived as parties lived together only for about seven days after marriage and thereafter separated - Marriage remained unconsummated and there are no children from wedlock - Both the parties have..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Matrimonial cruelty is a continuing offence, as suffering of victim does not end with a single isolated incident but continues so long as oppressive conduct persists - Harassment and cruelty within marriage cannot be viewed in isolation, but must be assessed in the context of continuous conduct...........
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by mutual consent - Second motion not made within 18 months of filing of first motion - However, first motion was not withdrawn in the meanwhile - Parties are still in agreement regarding them wanting to honorably part ways and move ahead with their lives - Provision of S.13-B(2) of the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..........
