Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty & desertion - Husband an army officer admitted that he never kept his wife with him - Nor he maintained his wife and son - Wife forced to file complaint u/s 125 Cr.P.C - Son of parties stated that his father used to beat his mother - Statement of son duly corroborated by Pradhan of Gram Panchayat - Wife also filed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Vague and general instances of cruelty given by husband - In fact it was the husband who used to misbehave with wife - As wife failed to conceive a child, husband used to proclaim that he would contract second marriage - Husband failed to prove that he has been subjected to cruelty by wife -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife contracted second marriage during subsistence of first marriage - Conduct of wife amounts to cruelty to former husband - Former husband is entitled to a decree of divorce - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife attending late night parties and socializing - Socializing to some extent in present society is permissible - As there is no evidence that on particular date wife was drunk or had excess liquor - Husband on the other hand also in the habit of enjoying parties and in the nature of socializing -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband alleges that his wife frequently visited his office and created scenes in the office - Evidence on record shows that due to litigation between parties, wife interested to know the income of husband so that she can claim maintenance - It is possible that wife misbehaved in the office but..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Husband alleges that wife made an attempt to commit suicide and was saved only with medical treatment and that she also threatened to implicate all family members of husband in a false criminal case - No medical evidence on record to show that suicide attempt was made by wife - More so,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegation that wife attempted to commit suicide by putting herself on fire because husband received call from his mother - However, no evidence on record that said serious incident was reported to police - Conduct of husband and his family members also strange..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Divorce petition filed by husband - Unfounded allegations in written statement as to character of husband - Wife did not even spare character and chastity of mother of husband and sister of husband and other relations of husband while making such obnoxious allegations - Such unfounded allegations of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleges that husband soon after marriage started beating and torturing her after consuming alcohol - Said fact remained u, rebutted as well as uncontroverted - Plea of husband that there is no specific allegation of cruelty loses its significance in the absence of proper rebuttal on this point - Ground..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife living separately for almost 9 years - There is no cohabitation between spouses - Evidence on record shows that husband used to assault her physically and mentally - Factum of separation as well as animus deserendi proved by wife - No efforts made by husband for reunion even during pendency of application of..........