Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Act of disobedience on the part of wife, itself is no ground to infer any cruelty in its strict interpretation - Such an act does not give any reasonable apprehension in the mind of husband to perceive any injury to him - Disharmony and incompatibility cannot be presumed as cruelty for dissolving the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Relationship between parties deteriorated on account of arrogant attitude, indifferent behaviour and aggressive approach of wife - Wife shown her unwillingness to disclose her accurate age as she had not produced any record for her age - It was proved on record that wife had withdrawn herself from the..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Petition by husband on ground of cruelty and desertion - Plea that wife deserted him and started living with her parents for no reason - Plea of wife that she was beaten and turned out from matrimonial home - Husband miserably failed to prove desertion and cruelty against wife - On the contrary it was..........
Hindu Marriage Act, 1955, Section 12, 13 -- Annulment of marriage - Fraud as to age of wife and mental illness of wife - Withdrawal of petition - Parties resided thereafter as husband and wife for some time - Second divorce petition on similar grounds taken earlier - By compromise of earlier petition, husband condoned acts of cruelty of wife, if at all those were existing..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Grounds of cruelty and mental disorder of wife - No material on file - Simple allegation is not enough to prove factum of cruelty - No medical evidence that wife has been suffering from any kind of mental disorder - Levelling of bare allegations against wife calling her a woman suffering from mental..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental Cruelty - There were differences between parties - Wife not interested to live with husband as he treated her with mental cruelty - Finding recorded by trial Court while granting decree of divorce to wife is not erroneous and perverse - No inference warranted - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Lodging of FIR by wife u/s 498-A IPC against husband and his family members - Unless there is a finding of Court that complaint as false, it cannot be said that complaint filed by wife contained false allegations - Initiation of legal proceedings for redressal of one's legal rights or to punish wrong doers..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Abnormal behavior of wife - Specific instances not mentioned by husband in the petition or in evidence which proves the abnormal behavior of wife or wife suffering from mental disorder - Not even a single witness from locality where parties lived was examined so as to prove abnormal behavior of wife - Nor..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sexual intercourse by the other spouse for a long time without sufficient reason - Amounts to cruelty - In instant case, marriage not consummated despite efforts of husband - It amounts to mental cruelty - Divorce granted to husband with direction to pay Rs.40 lakhs as one time permanent..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Serious allegations of harassment made by wife against husband for her failure to meet the illegal demand of additional dowry in her counter to the divorce petition - Allegations not substantiated - Husband is entitled to decree of divorce on this ground...........
