Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation and conduct of one particular case may not amount to cruelty in all cases - It depends upon various factors which includes the status of spouses and atmosphere in which they live...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Making wild and false allegations against character of husband is nothing but an attempt to tarnish his image in the society which amounts to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False and baseless allegations against husband implicating him in a case instituted u/s 494 IPC and demand of dowry - Amounts to mental cruelty to husband, which certainly made the husband entitled to a decree of divorce - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the matrimonial home since 1989 - Explanation which was tendered/furnished by wife was not acceptable even to man of ordinary prudence - Even no evidence has come on record in rebuttal which support the justification tendered by wife - Ground of desertion on the part of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Irretrievable breakdown of marriage - Litigation between parties going on since 1990 - Parties living separately since 1989, which fact is admitted by wife - Evidence of husband appears to be reliable whereas testimony of wife is against her averments in reply which certainly not only belies her..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Marriage and inability of wife to maintain herself not disputed - However, living separately by wife not justified - Wife willingly left husband and living with some other person alleged to be her new husband - Material made available by husband sufficient to rebut claim of wife for interim maintenance -..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- Aggrieved person - Include a divorcee wife so far it concerns to her claim which are related to and are connected with marriage, which has been dissolved by a decree of divorce...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Complaint under PWDV Act at the instance of divorcee wife is maintainable, so far it relates to divorced husband for lawful responsibilities arising out of marriage that existed between them at one point of time...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Divorce petition by husband - Wife alleged that husband is having illicit relation with her nani and other females - It is a serious aspersion on character of person and on his background - Such kind of allegations without any reliable evidence either by spoken words or in writing amounts to mental cruelty -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Divorce petition by husband - Wife left matrimonial home on 26.07.1986 i.e. almost after two years of marriage and application for divorce filed in year 2007 - Admittedly wife is living separately from last 21 years without any justification - Ground of desertion is proved by pleadings and evidence on record -..........
