Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Marriage not to be dissolved lightly on the ground of irretrievable break down of marriage - Only in exceptional circumstances marriage can be dissolved on this ground...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Wife at all stages and even in Supreme Court ready to go back to husband - Husband refused to take back the wife - Husband made baseless allegations against wife and even filed a complaint of bigamy u/s 494 IPC which was dismissed - Wife was forced to leave the matrimonial home - It is the husband who is at..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite and litigation expenses - Proceedings are interlocutory proceedings and not an original proceedings - Granting meagre or no maintenance towards expenses of litigation - Does not occasion failure of justice or cause irreparable injury to party against whom such order is made...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Lodging of criminal complaint u/s 406/498-A IPC by wife - Nothing on record to show what was the fate of the case - In absence of any other proof merely lodging of criminal complaint u/ss 406/498-A IPC does not amount to cruelty to the husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Parties living separately for 11 years - Not a ground to hold that marriage has irretrievably broken down - Moreover irretrievable break down of marriage is not a ground of divorce under Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Vague and general allegations regarding quarrels between two sides - Except this nothing brought on record to show that wife caused cruelty to husband in any manner whatsoever - Held, husband is not entitled to decree of divorce on ground of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife alleged to have visited office of husband and that she levelled serious allegations including his having illicit relations with a woman - In support of these allegations none from office of husband examined as a witness - Bald testimony of husband in this respect cannot be accepted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Irretrievable break down of marriage on account of cruelty inflicted by wife on husband - Wife did not contest the petition filed by husband for divorce - Wife did not file any written statement and she did not came before Court to explain her behaviour - Appeal of husband allowed and his marriage with respondent..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 10, 13 -- Plaint - Amendment - Petition for judicial separation sought to be converted to be one for divorce by amendment of plaint - Object and scope of both the petitions and parameters to be followed are different and distinct - Merely because amendment sought is not prejudicial to the..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation and divorce - Distinction - In case of judicial separation, marriage between parties is put under suspended animation while residing separately without any conjugal rights over the other - In case of divorce marital ties get snapped - Judicial separation offers opportunity to parties to reconcile their..........
