Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 21 -- Divorce - Medical examination - Matrimonial Court has power to order a person to undergo medical test - But, such power has to be exercised only in cases where applicant establishes a `strong prima facie case' and there is sufficient material before Court - Consequence of refusing to subject..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 21 -- Divorce - Medical examination - Order as to - Medical Board to examine petitioner and report whether marriage of petitioner was consummated or whether petitioner is still a virgin - Held, question whether respondent had sexual relationship with petitioner is not relevant for deciding the issue..........
Divorce Act, 1869, Section 10(1)(vii) -- Divorce - Willful no, cosummation of marriage by wife - Lead to mental agony and it amounts to cruelty deserving for dissolution of marriage - Decree of divorce rightly granted to husband...........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami property - Purchased in the name of wife - Suit for declaration and permanent injunction - Husband secured a Bank loan for purchase of suit property and property still mortgaged to Bank - Suit property became family home as long as parties are married - Wife left the suit property and never returned -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion commences when fact of separation and animus deserendi co-exist - However, it is not necessary that they should commence at the same time...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse abandons the other spouse in a state of temporary passion in anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion, as quality of permanence is one of the essential elements which differentiates desertion from wilful separation...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-consummation of marriage by wife - However, evidence on record shows that wife was ready and willing to live with husband - Even mother of wife deposed that her daughter was ready and willing to live with husband - Wife performed all marital obligations - It was husband who forced wife to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Both parties living separately since 2007 - Evidence on record clearly shows that wife was ready to perform her matrimonial obligations but husband never allowed her to do so - Husband forced her to leave matrimonial home and he was not interested in resuming cohabitation with her - Thus, husband failed..........
Hindu Marriage Act, 1955, Section 23A(1) -- No party to marriage can be allowed to take benefit of its own wrong...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Concept - Cruelty is directly related to human problem/psychological approach, frequent change in human behaviour and conduct of spouses - Court must keep these things in mind while appreciating concept of cruelty...........
