Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties have amicably resolved their disputes and their affidavits to this effect are already on record - Last payment of Rs.10 lakhs has been made and accepted by wife - Marriage dissolved on the conditions agreed between parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation against wife are non-specific and only based on the proceedings initiated by wife against husband u/ss 498-A, 494 IPC - Dispute between parties in proceedings u/s 498-A IPC is settled based on compromise and proceedings u/s 494 IPC is stayed - It cannot be said that false..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Evidence on record shows that there has been no intention on the part of wife to desert husband, in as much as on every occasion based on mediation between parties, she has returned back to matrimonial home - Even in present proceedings wife insisting to stay in matrimony with..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband who even after insistence of wife not taking her back in matrimonial home, cannot allege/succeed on the ground of irretrievable breakdown of marriage, even if same is taken as a ground for grant of divorce in the circumstances of case - Divorce petition rightly rejected...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have been staying separately for more than a decade - Relationship between two has emotionally died out and is beyond salvation - Numerous efforts of reconciliation and reunion failed - Even both the parties have mentally decided and settled in their respective ways in their..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband after having left his service, failed to take responsibility of the family and wife was left to not only suffer the financial burden, but had to struggle to take care of the children and the household responsibilities - Such neglect of husband without any reason, clearly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Levelling of disgusting allegations of unchastity and indecent familiarity with a person outside wedlock and allegations of extra marital relationship, constitute grave assault on the character, honour, reputation, status as well as mental health of the wife - Such scandalous,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Relentless and incessant nature of the volley of allegations made by husband against wife, as initially he had filed a divorce petition against wife on the ground of adultery and cruelty - It is subsequently during the pendency of the proceedings, that divorce on the ground of adultery..........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal would not abate, as there would be a direct legal consequences affecting status of parties as well as proprietary rights of either of them which would flow from decree of Family Court...........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal not abated as there are proprietary rights surviving for consideration even on the death of husband - Since matrimonial cruelty necessary for grant of a decree of divorce or desertion with a clear intention to put an end to marriage has not been..........
