Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband - Cruelty - Improper behaviour, complaining nature and eye problem of wife are not issues sought to be relied upon so as to prove cruelty - Husband failed to prove any ground of cruelty - Refusal to grant divorce rightly, upheld...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - For the purpose of getting a divorce, the onus to prove existence of conditions contained u/s 13 of the Act entitling for decree of divorce has to be established by party who makes allegation as to be basis for divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Dissolution of marriage - Cannot be granted to husband for his own act of cruelty on the grounds which are created by husband but it could be granted only on ground when husband is aggrieved by an act of cruelty, committed by wife and not for his own act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife had no intention to cohabit with husband - However, it is specifically stated in the divorce petition that wife left matrimonial home at the stage of pregnancy and subsequently she delivered a female child - If really such allegation is true, wife would not have..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Various baseless allegations levelled against wife, which are totally false - Wife always ready and willing to live with husband along with her child - Husband failed to prove alleged grounds of divorce - Divorce petition rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental illness mentioned in two sides of word `or' in O.13(1)(iii) of the Act are of different kinds...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental illness of wife - Petition by husband - Illness of wife described as schizophrenia by Doctor - Parties are living separately due to suicidal tendency and tendency to cause harm even to her daughter - Husband cannot be expected to live with wife due to her mental illness - Decree of divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27 -- Divorce - Mental cruelty - Refusal to participate in proceedings for divorce and forcing husband to stay in a dead marriage - In itself constitutes mental cruelty...........
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27, Constitution of India, 1950, Article 142 -- Divorce - Supreme Court while exercising its inherent powers under Article 142 of the Constitution can grant divorce where it finds that marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the..........
