Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations in written statement - Wife making false allegations against husband of having illicit relations and extra marital affair - Constitutes mental cruelty - Issue framed in this regard not pressed and no evidence led to prove the same - Held, by merely not pressing the issue on the point would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations in written statement - Wife making false allegations against husband of having illicit relations and extra marital affair - Constitutes mental cruelty of such nature that husband cannot be reasonably expected to live with wife - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 23, 13(1)(ia) -- Divorce - Wife making false allegations in written statement - Wife initiating false criminal proceedings against husband - Amounts to cruelty - In reconciliation effort wife willing to live with husband - However, facts of case indicate that marriage between parties was dead both emotionally and practically - Continuance..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Irretrievable break down of marriage on account of cruelty inflicted by wife on husband - Wife did not contest the petition filed by husband for divorce - Wife did not file any written statement and she did not came before Court to explain her behaviour - Appeal of husband allowed and his marriage with respondent..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegation - Husband seeking divorce on ground of cruelty on account of unsoundness of mind of the appellant wife - It was only on the basis of written statement filed by the appellant wife that a case of cruelty was sought to be made by husband alleging that unfounded allegation of demand of dowry..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Character assassination in written statement - Is a great assault on the character, honour and reputation of wife - Amounts to worst form of insult and cruelty - Sufficient by itself for a grant of decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - No plea either in plaint or in Memo of appeal before High Court that any allegations made by wife in written statement constituted mental cruelty - High Court however granted divorce in second appeal on ground that unfounded allegations by wife in written statement constitutes mental cruelty - Not proper - Appeal..........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Divorce petition by husband - Allegation that wife treated him with cruelty - Failure of husband to produce his parents, brother, sister, friends and relatives who were material witnesses to prove the allegation made by him - Solitary testimony of husband cannot be relied upon in absence of testimony of these persons -..........
Hindu Marriage Act, 1955, Section 13 -- Judicial separation - Cruelty - Husband failing to prove that wife treated him with cruelty - On the basis of allegations in the written statement husband cannot be granted a decree of divorce on the ground of cruelty - Failure of husband to seek amendment of petition before trial Court is sufficient to draw an inference that he gave..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Charges levelled in written statement which amount to `cruelty' - Divorce can he claimed on that ground -Him ever said right cannot he claimed when there is failure to prove those charges -Petitioner has to prove that said allegations were false, haseless, vexatious and malicious...........
