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 13 -- Divorce - Irretrievable breakdown of marriage - Mere fact that parties are living separately, marriage should not be taken to have broken irretrievably - It is imperative for Family Court or High Court to determine as to who out of two is responsible for breaking the marital tie and forcing other to live separately...........
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..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 13(1A) -- Order rejecting plaint - Appeal thereagainst - Appeal u/s 13(1-A) of Commercial Courts Act is maintainable against order rejecting plaint...........
