Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - If wife declines to cohabit with husband by forcing him to live in a separate room, she deprives him of his conjugal rights, which will have an adverse impact on his mental and physical well being which will amount to both physical and mental cruelty - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Plaintiff filed affidavit in support of plaint averments which remains uncontroverted - Plaintiff has thus established cruel treatment meted out to him by defendant by insulting him in presence of plaintiff's friends and relatives and also by depriving him of his conjugal rights and cohabitation - Divorce..........
Hindu Marriage Act, 1955, Section 13(1A)(i), 25 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - Failure of cohabitation by wife for a period of one year after grant of decree of restitution of conjugal rights entitles husband to dissolution of marriage - Moreover, parties have been living separately i.e for a long period of 40 years..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties have been residing separately since 2008 - Wife did not resume co-habitation despite decree of restitution of conjugal rights passed against her in 2013 till date of filing of divorce petition - It is not her case that any events happened after passing of decree for..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition filed by husband - Wife filed petition u/s 9 of the Act - Cruelty found to be proved by husband - However, petition for divorce was dismissed and petition for restitution of conjugal rights was allowed - Once cruelty has been proved, suit for divorce has to be decreed and suit of wife had to be dismissed -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Initiating proceeding under PWDV Act and Restitution of conjugal right do not by itself constitute cruelty - But lodging of various false, baseless reports by wife with police authorities against husband, his father, brother and brother-in-law and instituting civil proceedings showing herself as wife of PW2..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife detached herself from husband, on account of his incapacity to beget the children and decided to leave him and snapped their matrimonial relationship - Such withdrawal of wife from the matrimonial relationship unilaterally without any reason or basis thereby depriving husband of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife detached herself from husband, on account of his incapacity to beget the children and decided to leave him and snapped their matrimonial relationship - Such withdrawal of wife from the matrimonial relationship unilaterally without any reason or basis thereby depriving husband of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
