Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was drunkard and abused and assaulted wife as per her testimony - He was not keen to look after his wife and child - Testimony of wife is credible - Divorce rightly granted to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - With the filing of petition u/s 9 of the Act in August, 2012, by husband all misconduct or misbehaviour of wife, if any, stood condoned - When husband filed petition for divorce on 29.05.2013, there were no cruel deeds attributable to wife on the basis whereof husband could have..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Cruel acts on the part of husband - Wife continued to live with husband - Only because wife continued to live with husband with a forgive and forget attitude just to make the marriage work - Cannot be taken as condonation of continuous cruelty acts, ill behaviour and misconduct of husband..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Long list of instances of cruelty given by wife, which was in fact cruel to wife - Merely because wife continued to live with husband with a forgive and forget attitude just to make marriage work, could not be taken as condonation of continuous cruel acts, ill..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - For deciding as to whether aggrieved spouse has suffered cruelty at the hands of other spouse, Court must examine social economic background of parties, their life style, their cultural moorings and moral values imbibed by them...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband challenged the paternity of two children born from out of marriage of parties - However, no evidence led by husband that children were not born from out of marriage of parties - Husband never applied for getting DNA of both the children - On the other hand various documents are..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband questioned the paternity of two children - However, husband permitted their marriage ceremonies to be performed from his home - Even, husband never objected to wife using his name as father of children or he had approached Court of law or any other forum questioning paternity..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Husband proved that wife's attitude was indifferent and un-conciliatory and that she was rude exhibiting no intention to honour her relations with husband as his wife and daughter-in-law of his parents - Such acts not only showed cruelty on part of wife but..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Cruelty - Wife making unnecessary allegations, commenting upon character of her husband and his sister in public at large causing mental cruelty - Witnesses of wife also not found to be believable as they have not seen incidence of torture on wife by husband - Also wife has earlier filed case..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Illicit relations of wife - Husband miserably failed to prove his case that wife had several illicit relations with her colleagues or wife refused to have any physical relation with husband - Persons with whom wife was having illicit relations were also not made party to proceedings - Even, no names..........
