Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Disgusting accusations by wife against husband of he being in illicit relationship, referring him as a drunkard are serious in nature assassinating his character and harming his reputation as a teacher particularly when husband is a no, smoker and teetotaler - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - If a false character assassination allegation is made by either spouse it would invariably constitute matrimonial cruelty to entitle other spouse to seek divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - False allegations of dowry demand, physical and mental harassment made by wife and even going to the extent that she was threatened to be set on fire by putting kerosene oil on her are of very serious nature, particularly, when there is unrebutted testimony of husband that he is a no, smoker,..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Decree - Enforces cohabitation but it does not and cannot enforce sexual intercourse - Apprehension in the mind of wife that if decree is executed she will be forced to have cohabitation with her husband, is a mistaken fact...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Seeking a decree for restitution of conjugal rights or filing execution is not to force the wife to resume cohabitation but with an objective to be achieved u/s 13 of the Act which enables a party to seek divorce if a decree for restitution of conjugal rights is disobeyed...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Appeal by wife against decree passed in favour of husband - Wife under apprehension that in execution of decree she may not be forced to resume cohabitation - Marriage between parties not consummated though they lived together as husband and wife for 10 years - Parties are now aged about 60 years -..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Court - Where there is dispute regarding legitimacy of marriage and declaration regarding the status of marriage of parties to marriage etc. said matters are to be considered by Family Court - In such cases, it is not necessary that it must be between parties to marriage alone, but such relief can be claimed after one..........
Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406 -- Territorial jurisdiction - Criminal breach of trust - Return of stridhan articles - Articles are to be returned after conclusion of trial at place `H' where wife is residing with her parents - Part of cause of action has thus arisen at place `H' and Court at that place has jurisdiction -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Demand of wife to live separate - Such demand was merely for the reason that income of husband was also spent for maintaining his family - A son maintaining his parents is absolutely normal in Indian culture and ethos - There is no other reason for which wife wanted husband to be separated from..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Threats or acts of committing suicide - Constitute cruelty...........
