Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Both parties unable to lead a meaningful matrimonial life due to inherent differences of opinion - Where one party is seeking separation, while other is not ready for it, this situation creates mental agony and cruelty for spouse who is denied separation - Forcing the continuation of marriage under..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - There is no rule of thumb that marriage may be presumed to be irretrievably broken down solely for the reason of length of separation suffered - Only where one of parties is seen to have voluntarily deserted the other and parties have continued in that status for long period of time..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Wife remained devoted to marriage to the extent she continues to take care of husband's aged mother even after husband had gone out for reason of job taken by him in another district - Marriage between parties thus, not irretrievably broken down, as faith and hope in the marriage has..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and generic allegations made against wife regarding her cruel behavior towards mother of husband and husband - Even, there was no complaint made by mother of husband against wife - Rather, mother of husband executed Will in favour of wife - That demonstrates the nature of..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506 -- Rape - False promise of marriage - Prosecutrix and accused are major, well educated, having affair and developed physical relation regularly out of their own free will which continued for more than 10 years and ultimately they got separated from each other because accused refused to marry her - Consensual..........
Indian Penal Code, 1860, Section 417, 90 -- Sexual relationship - Refusal to marry - Sexual relationship was not in misconception of fact with regard to promise of marriage - Consent not based on fraudulent misrepresentation of marriage - In the absence of evidence to prove that prosecutrix had consented for physical relationship on a misconception of fact, mere refusal to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Excessive pampering of son by wife does not amount to cruelty towards husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Property jointly purchased by husband and wife - Mere fact that wife had leased out a portion of flat to third parties and denies share in the lease amount, would not amount to cruelty towards husband - Divorce petition rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband has relied on a single event whereby he himself left the matrimonial residence and started living with his parents - Except for making allegations that wife declared that she shall alone stay in the house, nothing has been indicated with regard to efforts made by husband to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - If wife makes reckless, defamatory and false accusations against her husband, same would be an act of cruelty and merely because some proceedings have been initiated by the other party, it does not give her right to make defamatory allegations against the husband - Divorce granted...........
