Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty cannot be assessed only on basis of any single incident and all incidents referred and evidence led are to be examined in cumulative manner in order to arrive at conclusion as to whether cruelty has taken place or not...........
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..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Mere non compliance of decree of restitution of conjugal rights for a period of one year in itself is sufficient to grant decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Non-resumption of conjugal rights despite there being decree of restitution of conjugal rights would come under definition of desertion...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have been living separately since last 15 years and during said period, there is no cohabitation between them - Hence, after such long period possibility of shattering of emotional intimacy, mutual respect and trust between them cannot be ruled out - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has placed sufficient evidence on record to establish sustained cruel pattern of behaviour on the part of wife, where she has used abusive language and misbehaved with husband - Wife addressed husband as impotent person having stinking body and she always used to utter that she found it shameful..........
