Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Averments made with regard to cruelty are vague and baseless without any factual foundation - Husband in order to prove his plea of dissolution of marriage is required to state specific instances of cruelty with precision in the plea - Mere ordinary wear and tear of marriage life does..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Husband filed petition for divorce on ground of cruelty and desertion - Wife left matrimonial home on trivial issues as she could not adjust herself with family members of husband - On leaving matrimonial home wife started filing cases one after the other - Attitude of wife root cause for all sufferings -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Testimony of husband regarding cruelty and desertion meted out to him by wife is uncontroverted - If testimony of witness is not challenged by way of cross-examination, same is taken to be accepted - Family Court rightly granted divorce to husband on the basis..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not been able to deny or rebut specific instances of ill-treatment stated to have been suffered by wife at his hands - He himself having by his own conduct brought matrimonial relationship at a point of irretrievable breakdown, cannot enjoy benefit of his misdeeds - Wife on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Extra martial affair - Complaint itself is not a proof of extra marital relation - To prove extra marital relation, ocular evidence is considered as basic evidence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Grave allegations in written statement not proved - Such conduct of wife constitutes grave mental cruelty against husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was torturing wife physically and mentally - If wife is not interested she cannot be forced to live together with husband - Divorce rightly granted to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To determine degree of cruelty allegedly inflicted upon spouse, same would have to be inferred from consequences of the act and not from the act alone...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Leaving wife in penury by husband without offering anything to sustain in life, despite order from Court, amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite has to be construed as an incident of cruelty caused by husband upon wife...........
