Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Extension of 18 months statutory period - No straight jacket formula can be said down in every case of expiry of period of 18 months - Circumstances of each particular case to be taken into consideration - If both the parties do not withdraw their consent and there are reasonable grounds for deferring the..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife was tortured and harassed for demand of dowry, which compelled her to fled away in order to save herself from apprehensive jeopardy - Even husband himself admitted that at many occasions whenever he went to fetch wife she came and joined matrimonial home -..........
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..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Res judicata - Divorce proceedings - Non-consideration of orders passed u/s 125 Cr.P.C. in divorce proceedings - Any observation in orders passed u/s 125 Cr.P.C, cannot be said to be res judicata in present proceedings, as grounds of divorce is not in issue in said orders passed u/s 125..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband disputing paternity of child - Husband suspecting character of wife and paternity of their child - However, no substance found in such baseless allegations because child was born when couple was residing together and when marriage between couple was in subsistence and child is..........
Special Marriage Act, 1954, Section 29, 25, 27 -- Divorce petition within one year of marriage - Restriction applies only to cases where marriage is sought to be dissolved by a decree for divorce on any of the grounds specified in S.27 and not to a petition for declaration of nullity of marriage or a petition seeking annulment of marriage by a decree of nullity...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegation that parents of wife wanted to kill him as a sacrifice to obtain hidden wealth - No evidence on record to support said fact - Allegation of husband is very unnatural and unbelievable - Even no complaint lodged against parents of wife by husband - On..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Various baseless allegations levelled against wife, which are totally false - Wife always ready and willing to live with husband along with her child - Husband failed to prove alleged grounds of divorce - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib) -- Divorce - Adultery & desertion - Petition by husband - Wife left husband that too with one person, who alleged to be her cousin - Statements of Husband's witnesses also supported desertion and that wife lived with said person - Moreso, second child was born to wife after she left the company of her husband - No..........
