Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was a drunkard and a gambler - Under influence of alcohol husband used to ill-treat wife - If a husband picks up a knife and indiscriminately started yielding knife, injuring his wife, her parents and brother who intervened to save her, that itself would constitute cruelty of kind..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife aborted child without husband's consent coupled with fact that she withdrew company of husband without any reasonable cause and other incidents proved by husband are cumulatively sufficient to prove mental cruelty to husband - This cruelty is grave enough to make a spouse unable..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Attempt to commit suicide by wife - Sheer consumption of "kaali mirch" (pepper) cannot be said to be a reason to raise allegations for attempt of suicide, as consuming pepper cannot be a method to commit suicide or to induce miscarriage, particularly when delivery was live and no harm was even caused to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife yielded to join matrimonial consortium on some occasions when she was in her paternal home - Rather wife was subjected to cruelty and was assaulted and abused by husband - Personal belongings of wife were ransacked and she was subjected to demand of dowry and torture - Character..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Vague and general allegations of cruelty against wife - A decree of divorce on the ground of cruelty cannot be granted on the basis of general allegations, without mentioning the manner in which wife has ill-treated the husband - General allegations that wife used to often visit her parental house and that..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband failed to produce on record any cogent and reliable evidence that wife deserted him without any valid reason - More so, Family Court in petition u/s 18 of Hindu Adoption and Maintenance Act specifically held that husband treated wife with cruelty and thus, she had justifiable..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Suspicious nature of wife towards husband - Husband alleges that his wife quarreling with him on trivial issues and pressuring him not to keep any female staff in his office - However, from last 5-6 years husband not employed any female employee in his office - Setting for cause of mental cruelty as..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife stated that on account of dowry demand she has no option but to leave matrimonial home - However, there is direct conflict in testimony of wife and her father concerning dowry demands as it is admitted that issue of dowry raised by wife after husband..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of illicit relationship levelled by wife in written statement - Wife failed to prove any illicit relationship between husband and his widowed sister-i, law - It amounts to cruelty - Award of decree of judicial separation set aside and marriage between parties..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-disclosure of stitches marks on abdomen before marriage by wife - Existence of stitch marks on the abdomen will not ipso facto tantamount to arrive at a conclusion that non-disclosure of same before marriage would tantamount to cruelty especially when it could not be proved that wife is..........
