Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part of deserting spouse to cohabit as also lodging of criminal case alleging demand of dowry only after institution of divorce case by other spouse and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Once it is proved that it was the husband who had turned out wife from matrimonial home that too by practicing deceit in making wife believe that parties would revive their matrimonial relationship subject to wife withdrawing from criminal case, desertion on the part of wife not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Element of cruelty alleged by husband was of date prior to settlement reached between parties - After settlement was reached, parties hardly cohabited as may have given rise to any ground of cruelty on the part of wife - Moreover, said acts of cruelty have to be treated as condoned or..........
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..........
