Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal right - Filing petition for restitution of conjugal right per se will not lead to an inference that petitioner is ready to resume conjugal relationship - After filing restitution of conjugal right petition, appellant has also filed application before Judicial Magistrate under Domestic Violence Act and another..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Complaints alleging sexual harassment against father-in-law, domestic violence against husband and his parents and maintenance petition filed against husband, filed one after the other with improvement and embellishment indicates that wife who had finally left matrimonial home under..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere temper, rudeness of language or a want of civil attention, if they do not threaten bodily harm, do not amount to legal cruelty - But they are high moral offences in the field of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Physical violence is not absolutely essential to constitute cruelty - A consistent course of conduct inflicting immeasurable mental agony and torture will amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband able to show that attitude of wife exposed him to cruelty/harassment, which is sufficient to seek relief of dissolution of marriage - Divorce petition rightly allowed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Husband did not join for making second motion - S.13-B(2) of the Act requires second motion to be made not later than 18 months after presentation of first motion - Since there is omission of requirement of S.13-B of the Act, Court is justified to hold that there is lack of consent - Petition for divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Unsubstantiated, belated or exaggerated accusations, particularly when raised only after matrimonial litigation commences, may themselves constitute mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife's conduct, repeated verbal insults directed at husband and his mother who is disabled, persistent threats of self-harm, refusal to cohabit and desertion without reasonable cause, satisfies the test of mental cruelty...........
Hindu Marriage Act, 1955, Section 13, 23(1)(a) -- Divorce - Petition by husband - Withdrawal of father of husband as a witness does not by itself amount to suppression of material facts or constitute "wrong" within the meaning of S.23(1)(a) of the Act...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties have admittedly been living separately since Jan 2020 and there is no child from wedlock - Marital bond has thus eroded beyond repair and marriage has reached the stage of complete and irretrievable breakdown - Compelling parties to remain tied to such a union would serve no purpose but..........
