Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the ground of cruelty and desertion - Petition filed by husband - Initially wife registered a false criminal complaint against the husband and his parents on account of demand for dowry - Allegation that wife had been quarreling with him and his family member on trivial matter - Wife also lodged a false..........
Hindu Marriage Act, 1955, Section 13B, 14(1) -- Divorce by Mutual consent - Condonation of period of one year - Immediately after marriage parties could not adjust due to different temperaments which led to strained relations between them - Parties lived together as husband and wife for about three months - wife went to Canada - Not possible for wife to visit India time..........
Indian Penal Code, 1860, Section 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Divorce by mutual consent - Criminal proceedings initiated before grant of divorce - After grant of divorce no further dispute survived between parties, though it was not so expressly recorded in the order - No liberty was reserved by wife to continue further proceedings against..........
Hindu Marriage Act, 1955 - - Divorce - Non resumption of cohabitation by wife after passing of decree of restitution of conjugal rights - Husband has proved that there is no resumption and cohabitation for more than 1 year or upwards after passing decree of restitution of conjugal rights in his favour - Nothing on record to show that after passing said decree and before..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Matter referred to Mediation Centre during pendency of appeal filed against dismissal of petition of husband for divorce - Parties amicably settled the matter - Petition u/s 13(1) of the Act converted into a petition u/s 13-B of the Act - Statement of parties recorded on 9.4.2014 and 10.10.2014 perused -..........
Indian Penal Code, 1860, Section 498A - - Cruelty - Cognizance of offence - Parties getting divorce by mutual consent and do not want to proceed further in the case - Police filed negative final report - Magistrate has not given any cogent reason for not accepting the final report - Impugned order set aside and matter remanded back for decision afresh...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent - Duty of Court - Held, it is not for Court to probe into bona fides or reasonableness of withdrawal of consent - Once consent is withdrawn then only option available to Court is to close the matter at that stage...........
Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife had a job in Pune and agreed to get herself transferred to Mumbai after marriage - Contention of husband that her failure and refusal to abide by her commitment pertaining to transfer to Mumbai amounts to cruelty - Held, her evidence appears to be straightforward and honest - Why she did not apply for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of a case u/s.498-A IPC or for that matter availing of further remedies in that direction by itself cannot be treated as a ground of cruelty...........
