Hindu Marriage Act, 1955, Section 13(i)(b) -- Cruelty and desertion - Husband could not substantiate even one of many acts of cruelty of wife - Husband wants to get rid of wife one way or the other - Appeal of husband - Dismissed...........
Hindu Marriage Act, 1955, Section 13(ia) -- Divorce petition by husband - Cruelty - Wife and her relations gave beatings to the husband - Husband sustained injuries on various parts of body and remained admitted in hospital for seven days - Wife never bothered to come back and take care of husband - Wife rightly found to have treated the husband with cruelty - Decree of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence without pleading - Where allegation of cruelty pleaded in divorce petition is vague without citation of particular instances of cruelty, evidence to prove particular instances of cruelty cannot be led...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23 -- Cruelty - Petition by husband - Cruelty can be physical or mental - Ill-treatment and resultant apprehension flowing therefrom must be grave as to make co-habitation unendurable - Onus to prove cruelty is on suing spouse - Standard of proof is no better than in civil proceedings, i.e. fact can be proved by preponderance of..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Illicit relationship - Mental cruelty - Ground of divorce and plea of defence - Held, when divorce is claimed on this ground then the same must be proved or established to get a decree but when such plea is raised by way of defence it is sufficient to present the circumstances producing such apprehension/suspicion...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Illicit relationship - Mental cruelty - Taken up as a plea of defence in a petition for divorce filed by husband - Husband`s attempt to hide relationship with a lady falsely saying that she is his maternal aunt and his insistence on staying in house of that lady - Enough to provide basis to entertain a suspicion -..........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Irretrievable breakdown of marriage - Not a ground of divorce - Court, if satisfied that continuation of marriage and emotionally dead relationship constitute an act of oppressive mental cruelty, it may grant a decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental Cruelty - Difficult to prove by direct evidence - Inference to be drawn from attending circumstances - Cruelty should be of such a nature so as to cause reasonable apprehension in his or her mind that it would be harmful or injurious to health to live with other party - Instances of misbehaviour not to be considered in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Standard of proof under matrimonial cases - Charge not to be established beyond reasonable doubt but by preponderance of facts alleged...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Allegation of causing mental cruelty and adultery - Wife denying allegation and making counter allegation that husband had driven her out of house along with two children, forcing her to take refuge at her parent's home - No evidence led to substantiate allegation of adultery - Making a baseless..........
