Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Petition filed by husband - Wife proceeded ex parte - Even in ex parte proceedings the burden is on plaintiff to prove his case by leading evidence - Merely there being no denial or cross examination, Court is not bound to grant ex parte decree unless the case is made out - In the instant case as deposition of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife leveled false allegations against husband of having illicit relations with his bhabhi, which caused great mental agony to husband - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False defamatory, scandalous, malicious, baseless and unproved allegations made against spouse amount to cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can be presumed that marriage has broken down...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties are living separately for about 5 years - Marriage between parties had broken down irretrievably - There is no chance of parties coming together or living together again - Decree of divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Wife despite passing of decree for restitution of conjugal rights, did not join the company of husband and failed to comply with said decree - Consequently, after passing of one year husband filed a petition u/s 13 of the Act for dissolution of marriage, which was accepted by Family Court -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Decree of divorce cannot be granted merely on the ground that husband and wife are living separately since last so many years...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband filed divorce petition twice and a compromise arrived with wife and they lived together - Parents of wife have not made any allegation against husband and wanted that they should live together - Letters exchanged between parties and conversation between them reflects that there..........
