Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has nowhere stated in his notice that he wanted to break-up martial status, but he expected from wife to come back to her matrimonial home and live with husband - This clearly indicates that husband has condoned the cruel conduct, if any of wife - Despite that wife has..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband failed to examine his parents or any other witness to substantiate his contention that it is wife who is at fault and that she abused him in filthy language and was in dominating nature - In the absence of any evidence from husband's side, it cannot be said that he underwent cruelty in the hands of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of divorce proceedings on the ground that she is financially dependent on her parents and therefore unable to pursue proceedings in Pune - She has been deliberately delaying the matter for over four years as recorded in 2024 and even remained absent for nearly seven months..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere acquittal from charges u/s 406 IPC, cannot ipso facto be construed, as an act of cruelty on part of wife so as to entitle husband to divorce more particularly when husband has been convicted u/ss 498-A, 323 of IPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere fact that after grant of decree of restitution of conjugal rights in favour of husband, one compromise was entered into between husband and wife wherein husband has accepted his mistakes, such factum of entering into compromise by accepting his guilt would make it clear that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Act of driving away wife while she was with child amounts to moral and emotional dereliction, if not cruelty and undermines husband's claim of suffering cruelty at the hands of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of husband in driving away his wife at a vulnerable stage, after seeking judicial assistance to resume cohabitation, amounts to matrimonial misconduct and disentitles him from seeking relief on the principles of fault theory embodied in S.23(1)(a) of Hindu Marriage Act -..........
Hindu Marriage Act, 1955, Section 9, 13 -- Petition by wife for restitution of conjugal rights and counter claim of divorce by husband - Petition for restitution of conjugal rights dismissed and counter claim decreed - Husband set out a list of incidents of cruelty meted out to him and his cross examination has not brought out any contradiction or improvement from his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Call detail records of wife - Marriage does not grant husband automatic access to wife's private information, communications and personal belongings - Production of call detail records would lead to violation of wife's right to privacy and right to life and personal liberty - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Wife stated that husband was incompetent to make physical relations with her - Husband was in habit of taking liquor and threatened wife for killing her on account of which she also lodged a criminal case against husband - Wife also lodged a criminal case for dowry demand against husband - Husband..........
