Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was torturing wife physically and mentally - If wife is not interested she cannot be forced to live together with husband - Divorce rightly granted to wife...........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19(1), Hindu Marriage Act, 1955, Section 28(4), 13 -- Decree of divorce - Appeal against - Limitation to file appeal is 90 days - Since appeal is filed within a period of 90 days as such there is no need to entertain application for condonation of delay...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To determine degree of cruelty allegedly inflicted upon spouse, same would have to be inferred from consequences of the act and not from the act alone...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Leaving wife in penury by husband without offering anything to sustain in life, despite order from Court, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite has to be construed as an incident of cruelty caused by husband upon wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Petition by wife - Husband contended that allegation of physical cruelty in absence of medical record does not lead any credence to allegations of her being subjected to cruelty - Contention rejected, as in matrimonial disputes, wife and family members try to solve matrimonial disputes at their own..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Earlier petition for divorce filed by wife was withdrawn on assurance of husband that he will live with her with love and dignity but he failed to honour the promise and again subjected her to atrocities mental and physical - Wife is living separately along with child - Defence of husband..........
Hindu Marriage Act, 1955, Section 13, 13B -- Conversion of petition u/s 13 of the Act to S.13-B of the Act - Parties are living separately since 2012 - Both the parties have agreed to part their ways while reiterating their statements at first motion as per conditions mentioned in settlement arrived at between parties - Statements of parties at second motion have been..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce petition - Res judicata - Petition for dissolution of marriage on ground of cruelty, desertion and adultery is not precluded from suing again, on the same grounds, provided relief is founded on new facts...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Parties are staying separately since long - False allegations were leveled by wife against husband regarding second marriage performed by husband - Wife was constantly harassing husband to live separately from his parents - It was the wife who left matrimonial..........
