Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of consistent torture - Wife given into marriage when she was minor - She had given birth to a son out of said wedlock - Her husband inflicted torture on her from day one -Even so she finished her studies by making arrangement of her own through private tuition - Said continued fight of wife was corroborated by her..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - One of the conditions for grant of divorce by mutual consent is that parties are living separately for a period of one year or more before presentation of petition for divorce by mutual consent - The statutory period of one year cannot be waived by applying S.14 Proviso of the Act as the same is..........
Hindu Marriage Act, 1955, Section 5 -- Karewa marriage - With a stranger who did not belong to family of deceased husband - Held, such a Karewa marriage is invalid - Valid Karewa marriage of a widow can only be with family member of deceased husband...........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Irretrievable breakdown of marriage - Continuance of such `dead' marriage perpetrating insurmountable agony to spouse claiming divorce - Agony of breakdown of marriage cannot be excluded from realm and category of cruelty - Divorce can be granted on ground of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Ground of cruelty - Wife remained only for about 18 days with husband - Wife, on one ground or other, refused to establish physical relations with husband - Wife told him that she was not willing to marry him as she was having love affair with some one and her marriage was solemnized by her parents under, pressure -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Ground of desertion - Wife lived only for about 18 days with husband and since then residing at her maternal home - Wife did not go to see husband when he was undergoing treatment of jaundice - After recovery, husband went to her maternal home - Yet, she never tried to go back to her i, law's house, nor took any..........
Hindu Marriage Act, 1955, Section 28, 9, 13, Civil Procedure Code, 1908, Order 8, Rule 6 -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband on ground of cruelty - Cruelty found attributable to husband and not to wife - Petition dismissed - Counter claim of wife for restitution of conjugal rights, rightly allowed...........
