Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife failed to substantiate the allegations of mental and physical cruelty through reliable and convincing evidence - No complaint before any Court or report before any police station was filed by wife against husband regarding alleged cruelty - Even, she never informed her father,..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Expeditious disposal of case - Case status goes to show that Commissioner's report is not filed since 10.10.2022 to 11.9.2025 - As on date status of main petition is for filing report of Advocate Commissioner - Since divorce petition is of the year 2018, trial Court shall proceed with the matter on day to day basis..........
Hindu Marriage Act, 1955, Section 12, 13 -- Divorce - Infertility (barrenness) of wife - Divorce petition dismissed on the ground that barrenness is not a ground for divorce within the purview of Hindu Marriage Act - However, in the impugned order it is not clear whether wife was barren or not and no conclusive proof of barrenness of wife is on record - Husband wants to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - For separation parties are subject to S.14 of the Act - Neither party has claimed exceptional hardship and depravity - Divorce petition rightly dismissed...........
Special Marriage Act, 1954, Section 27(b) -- Divorce - Desertion - Petition by husband - Wife not residing with husband since 1996 - Letter of 1999 addressed by wife to husband, contains a categorical statement that she was leaving him without force or influence, which corroborates the fact of separation - Even in the compromise entered before Legal Services Authority..........
Special Marriage Act, 1954, Section 27 -- Divorce - Irretrievable breakdown of marriage - Marriage held in the year 1986 is broken beyond repair - Wife has not been residing with husband since the year 1996 - There is no chance of parties resuming their matrimonial life - To continue such a relationship would serve no purpose but to perpetuate hardship - Divorce, granted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Original petition is for divorce involving lives of both the parties and causing grave consequences - It ought to be decided on merits rather than ex-parte - Ex parte decree, set aside solely on said ground subject to payment of costs of Rs.2000 to be paid to husband by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegation levelled by husband alleging illicit relation of wife was sufficient to compel wife to live separately by leaving company of husband - Divorce petition rightly dismissed...........
