Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Once minor child of parties had specifically deposed that her father had tried to throttle her mother on many occasions and that he habitually locked up his family from outside and left them to fend for themselves in that situation for days, no other evidence of cruelty was required to be..........
Limitation Act, 1963, Section 5, Hindu Marriage Act, 1955, Section 13 -- Condonation of delay - Delay of 166 days in filing appeal against ex parte decree of divorce - Husband solemnized second marriage after getting decree of divorce and at the time of second marriage no appeal was preferred by wife - Delay condonation application filed by wife along with appeal had..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere filing of petition for maintenance and other reliefs under Protection of Women from Domestic Violence Act, is not sufficient to infer that there was an animus and factum of desertion on the part of wife...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Marriage of parties was solemnized in 2012 and both the parties are living separately since 2014 - There is more than 10 years separation between parties - There is no child from the marriage - Marriage between parties is nothing more than a dead marriage and if both the parties are not granted divorce, it will amount to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation and absence of cohabitation and complete breakdown of all meaningful bonds and existing bitterness between two has to be read as cruelty u/s 13(1)(ia) of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Giving criminal complaint and making allegation of adultery with another woman has resulted in mental cruelty to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife is residing in her parental home, as husband very often assaulted wife and he sent her out from matrimonial home - There is no chance of union - Wife pleaded that there is threat to her life and because of such misbehavior and cruelty, it would be difficult for her to stay with..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Marriage of parties was solemnized on 29.4.2008 and both the parties are living separately since 7.5.2008 - There is more than 16 years separation between the parties and there is no child from this marriage - Marriage between parties is a dead marriage - If both the parties are not granted divorce, it will amount to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have not lived together for more than 43 days - Wife left matrimonial house within first month of marriage - Period of separation has been more than 22 years - Mediation and conciliation proceedings have failed - Parties have fought multiple legal battles against each other..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Solemnization of marriage during operation of an ex parte decree of divorce of earlier marriage, would not amount to offence of bigamy, even though ex parte decree of divorce is subsequently set aside...........
