Caste -- Marriage does not change a person's caste - Though a person may change religion, his or her caste remains the same despite conversion to another religion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere living separately for considerable period of time may not amount to desertion - What is important to be proved is animus for separate living attributable on party/spouse living apart...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Mere accusation of relationship with some other person itself is a mental cruelty and perhaps is the reasonable cause for wife to live apart...........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116), Civil Procedure Code, 1908, O.26.R.10-A - DNA test - Maternity of child - When a female counterpart is not disputing her marriage with a male but she is denying the fact that a child is not her own then it is not a case of testing paternity but rather a case to decide maternity of child...........
Partition suit -- Plaintiff is legally wedded wife of deceased - Deceased married to first defendant during subsistence of his marriage with plaintiff - First defendant thus, cannot be regarded as legally wedded wife of deceased, however, two children born to first defendant and deceased are illegitimate children and entitled to claim share in suit properties - Even,..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Neither any oral evidence nor any document of sickness of wife has been produced - Rather, family Court found that after marriage, husband got government job and since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Actions of husband are not isolated lapses but form a consistent pattern of neglect, indifference and calculated harassment - His willful refusal to maintain wife coupled with blatant disregard for authority of Courts, strikes at the very foundation of matrimonial obligations and squarely..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Deliberate and intentional abandonment by husband both of his matrimonial obligations and of legal proceedings arising therefrom amounts to a forfeiture of his right to contest the matter - Such conduct clearly signifies implied consent to decree of divorce - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife had led clear, consistent and cogent evidence establishing a continuous course of mental cruelty at the hands of husband - Her sworn testimony was not only coherent and trustworthy but stood fully corroborated by undisputed judicial records including multiple proceedings under Cr.P.C..........
