Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Non-consummation of marriage - Court need not to enter into blame game - Fact that impotency of husband could not be a probable cause for non consummation of marriage as prior to that husband was married and also had a daughter...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - False complaint - Wife visited husband's office as well as contacted his boss and made false complaints against him - Due to this husband had to leave his job and has gone into depression - Cruelty established beyond doubt - No illegality or infirmity in impugned order - Appeal dismissed...........
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Threat to commit suicide by wife when she was pregnant - Amounts to causing mental cruelty to husband of such magnitude that he may consider it to be injurious to live with her - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left matrimonial home during her second pregnancy to see her ailing father with consent and knowledge of husband - Wife did not left with intention to bring cohabitation to an end - However, records shows that husband never wanted his wife to be back and did not even bother to..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Dying declaration - Cruelty - Abetment of suicide - Allegation against husband, father-i, law and mother-i, law - Deceased committed suicide in her matrimonial home at the age of 23 within 2 years of her marriage - She specifically stated in her dying declaration that she committed suicide due to..........
Hindu Marriage Act, 1955, Section 11 -- Nullity of marriage - Petition by wife - Second marriage by husband during subsistence of first marriage which was not disclosed to wife at the time of marriage - Husband did not appear despite service - Wife in support of her case filed examination-in-chief of three witnesses supported by affidavit - Held, in view of evidence on..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is qualified Chartered Accountant and is in profession since 2003 - Wife not entitled to interim maintenance as she has sufficient means to maintain herself...........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Prosecution of second wife - Not barred as she entered into matrimony with main accused having knowledge about subsistence of his first marriage...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having financial capacity to maintain herself - Wife is not entitled to maintenance pendente lite...........
