Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband failed to produce on record any cogent and reliable evidence that wife deserted him without any valid reason - More so, Family Court in petition u/s 18 of Hindu Adoption and Maintenance Act specifically held that husband treated wife with cruelty and thus, she had justifiable..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Suspicious nature of wife towards husband - Husband alleges that his wife quarreling with him on trivial issues and pressuring him not to keep any female staff in his office - However, from last 5-6 years husband not employed any female employee in his office - Setting for cause of mental cruelty as..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife stated that on account of dowry demand she has no option but to leave matrimonial home - However, there is direct conflict in testimony of wife and her father concerning dowry demands as it is admitted that issue of dowry raised by wife after husband..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of illicit relationship levelled by wife in written statement - Wife failed to prove any illicit relationship between husband and his widowed sister-i, law - It amounts to cruelty - Award of decree of judicial separation set aside and marriage between parties..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-disclosure of stitches marks on abdomen before marriage by wife - Existence of stitch marks on the abdomen will not ipso facto tantamount to arrive at a conclusion that non-disclosure of same before marriage would tantamount to cruelty especially when it could not be proved that wife is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation of illicit relations of husband by wife in defence - Allegations made by wife against husband were merely pointer towards probable wrong of husband of filing divorce petition - Wife had made an attempt to explain the cause for which serious allegation of cruelty was levelled against..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and general allegations of cruelty levelled against wife and that too not substantiated by any evidence - Specific instances of cruelty not given - Husband utterly failed to prove allegations that there were illicit relations between wife and respondent no.2 - Conduct of wife not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - General allegations that wife used to avoid husband and his family members and she used to often visit her parental house and was not preparing food for husband, was not opening door of house after his return to home, cannot constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false cases by wife - Husband specifically admitted that in both the proceedings filed by wife under Protection of Women from Domestic Violence Act and u/s 125 Cr.P.C., orders are passed in favour of wife and husband directed to pay maintenance to wife and allow her to reside in his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Earlier divorce petition filed by husband making allegations of cruelty disposed of in terms of compromise - Again husband filed present divorce petition making same allegations which were made in earlier divorce petition - Such bald allegations cannot be believed - Husband cannot take..........
