Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Parties have been living separately since 2010 for nearly 15 years - There is no possibility of reconciliation between parties - Neither party has shown any inclination to resolve their differences - Moreover, husband remarried in 2017 - There is thus, no purpose in continuing legal relationship between parties -..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Husband filed divorce petition on basis of marriage being valid - However, by way of amendment husband sought additional grounds and plea of marriage declared to be void - Application does not seek amendments to be as alternative reliefs but as substantive prayers but without deleting earlier ones -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left matrimonial home on 28.03.2024 and petition was filed on 01.07.2024 - This clearly shows that there was no basis of decree for divorce on the ground of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Ground of cruelty requires to be established so as to conclude that cruelty has resulted into a situation where spouses no longer can live together...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Occasional refusal to perform marital obligation is not sufficient to attract mental cruelty in ordinary wear and tear of married life - To establish such cruelty there must be persistent refusal to have sexual relationship...........
Hindu Marriage Act, 1955, Section 23 -- Words "whether defended or not" occurring in S.23(1) of the Act indicate that burden must lie on petitioner to establish his case which affirms those facts which constitute cruelty as a ground of divorce and it is only on satisfaction of Court that a decree can be passed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Married life should be assessed as a whole - Mere trivial irritations, quarrels, normal wear and tear of married life which happens day-to-day in all families would not be adequate for grant of divorce on the ground of cruelty...........
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 - Marital life should be reviewed as a whole and few isolated instances over a period of years will not amount to cruelty...........
