Specific Relief Act, 1963, Section 22 -- Specific performance - Bar of S.22 of the Act - Neither any relief in terms of S.22 (1) (a) of the Act was claimed nor has been granted by courts below - Argument that suit was barred by S.22 of the Act, does not have any force - Moreover, once execution of agreement is admitted by defendant, he cannot get advantage of any recital..........
Hindu Marriage Act, 1955, Section 13(1)(iii), Evidence Act, 1872, Section 102 -- Divorce - Mental disorder of wife - Burden of proof - Burden is on husband to establish either that wife was incurably of unsound mind or that she had been afflicted by such a medical condition as may be described as a continuous or intermittent mental disorder of a kind in which husband may..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Unless the pre-existing and irreversible mental condition of wife had been proven and unless by its very nature that condition was such as to give the husband a reason to seek dissolution of his marriage u/s 13(1)(iii) of the Act, the fact thus proven remained extraneous to the grounds..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Doctors who were according to husband had treated wife, were examined by husband - No expert opinion or medical test report was filed and proven by husband to establish any serious permanent medical ailment suffered by wife - Wife is a well-educated lady who had completed her graduation -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Long period of continuous separation of a decade establishes that matrimonial bond is beyond repair...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Intention is not a necessary element in cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties are living separate from each other for more than a decade and husband has not been able to meet his daughter even once during this period - These facts are sufficient to cause mental pain, agony and suffering to both the parties and it would make it impossible for the parties..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left husband's house in 2014 and she did not return to live with him till date i.e for more than a decade - She is not even contesting the appeal, which shows that she has no interest in her relation with husband and which indicates that wife has abandoned the relationship..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Inconvenience of the parties to appear before Court cannot be a ground to waive off the cooling period - Basic purpose of making a provision for cooling period is to think over the decision of getting separated...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Following conditions are to be satisfied: (i) All efforts of mediation and conciliation including efforts in terms of O.32-A.R.3 CPC, S.23(2) CPC and S.9 of Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction..........
