Hindu Marriage Act, 1955, Section 13 -- Cruelty - Definition of cruelty is not possible - In matrimonial relationship, cruelty means absence of mutual respect and understanding between the spouses which embitters the relationship and often leads to various outbursts of behaviour which can be termed as cruelty - Sometime cruelty in a matrimonial relationship may take the..........
Hindu Marriage Act, 1955, Section 28 -- High Court while exercising power u/s 28 of the Act, as the first Court of appeal is both a Court of Law and also of facts...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition filed by husband on ground of mental and physical cruelty - Wife using for mother in-law words like `Randi' and `Kulta' - Wife also used to sketch drawing and titled it as `Khadus Bhudiya' - Wife once came to the office of husband and insulted him in the presence of his colleagues - Held, husband entitled to decree..........
Indian Penal Code, 1860, Section 300 -- Murder - Husband allegedly committed murder of wife - Opinion of daughter regarding cause of death inconclusive - No external injury noticed on the body of deceased - Marriage of deceased 10 years old and she was having four children - Deceased was carrying four months foetus in her womb - Stomach of deceased contained brownish..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving waiting period of six months - Waiting period of six months can only be waived by Supreme Court exercising power under Article 142 of the Constitution which no other Court can exercise such power...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed during pendency of petition for divorce - Such a procedure amounts to abuse of process of Court - A litigant cannot pursue two parallel remedies in respect of the same matter at the same time...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Exparte divorce decree - Setting aside - Husband failed to appear in a bonafide belief on the commitment of wife before Panchayat to withdraw the divorce petition - Nothing on record to show that Panchayat was convened or any compromise was effected between the parties - Application..........
Hindu Marriage Act, 1955, Section 13B, 13, 10 -- Divorce petition by husband - However Court passed decree u/s 10 of the Act for judicial separation - Wife filed appeal - During pendency of appeal parties compromised whereby prayer for a decree of divorce by mutual consent was made - Not possible for the parties to live together - To secure the ends of justice for the..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Essential ingredients of the offence u/s 304-B IPC are : (i) Death is caused in unnatural circumstances; (ii) Death must have occurred within seven years of the marriage of the deceased; (iii) It needs to be shown that soon before her death, the deceased was subjected to cruelty or harassment by her husband or any..........
Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Divorce - Cruelty and desertion - Vague allegations that respondent used to quarrel with the family members and used filthy language and did not respect the family members of the husband - No specific instance of such behaviour with the date and relevant particulars - Order rejecting divorce petition of husband, upheld...........
