Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Mere fact that parties are living separately, marriage should not be taken to have broken irretrievably - It is imperative for Family Court or High Court to determine as to who out of two is responsible for breaking the marital tie and forcing other to live separately...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife solemnized second marriage during subsistence of first marriage - Husband is treating wife with cruelty in not giving her option to live her life freely according to her choice which is fundamental right of wife and unnecessarily opposing petition for divorce when she is already..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage though not one of ground as provided in S.13 of the Act but, irretrievable breakdown of marriage is a species within genus of cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage is not one of ground as provided in S.13 of the Act - However, if divorce is not granted in cases of irretrievable breakdown of marriage then it will amount to further pushing party towards continuous pain and suffering - Irretrievable breakdown of marriage is a species within genus of..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife though by birth is a Muslim but by conduct has clearly demonstrated that she has converted to Hindu faith - Mere absence of any ceremony cannot be a ground to dismiss application for divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Petitioners have invoked the provisions under Hindu Marriage Act, conscious of fact that they are only professing Hindu religion - There was absolutely no necessity for Court to conduct any roving enquiry in such circumstances, merely because wife's name continues to be her original..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife by express conduct, by participating in marriage solemnization in accordance with Hindu rights and customs and also approaching Family Court invoking the provisions of Hindu Marriage Act has sufficiently shown that she has converted herself to Hindu faith - Petitioners have decided..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations pertaining to spending habits, household contribution or mobile usage, without proof of severe mental harassment, do not fall within the statutory meaning of cruelty as required under law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusal by a spouse to attend a social event, even if such refusal caused displeasure to other spouse, does not constitute cruelty in the eyes of law...........
