Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife solemnized second marriage during subsistence of first marriage - Husband is treating wife with cruelty in not giving her option to live her life freely according to her choice which is fundamental right of wife and unnecessarily opposing petition for divorce when she is already..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage though not one of ground as provided in S.13 of the Act but, irretrievable breakdown of marriage is a species within genus of cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage is not one of ground as provided in S.13 of the Act - However, if divorce is not granted in cases of irretrievable breakdown of marriage then it will amount to further pushing party towards continuous pain and suffering - Irretrievable breakdown of marriage is a species within genus of..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-deposit of arrears of maintenance by husband - Defence of husband struck off - Allegations of cruelty made by wife accepted - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Testimony of wife remains unshaken despite lengthy cross-examination of wife - On the contrary husband when confronted with relevant record shows that he has not been truthful and his testimony is not reliable - Evidence led by wife regarding her having suffered cruelty at the hands of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately for more than 14 years - Such prolonged separation leads to irresistible conclusion of irretrievable breakdown of marriage - Husband failed to financially support his wife and daughter despite orders of Court - Continuation of marriage would amount to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife though by birth is a Muslim but by conduct has clearly demonstrated that she has converted to Hindu faith - Mere absence of any ceremony cannot be a ground to dismiss application for divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Petitioners have invoked the provisions under Hindu Marriage Act, conscious of fact that they are only professing Hindu religion - There was absolutely no necessity for Court to conduct any roving enquiry in such circumstances, merely because wife's name continues to be her original..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife by express conduct, by participating in marriage solemnization in accordance with Hindu rights and customs and also approaching Family Court invoking the provisions of Hindu Marriage Act has sufficiently shown that she has converted herself to Hindu faith - Petitioners have decided..........
