Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Divorce petition filed by husband - Unfounded allegations in written statement as to character of husband - Wife did not even spare character and chastity of mother of husband and sister of husband and other relations of husband while making such obnoxious allegations - Such unfounded allegations of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleges that husband soon after marriage started beating and torturing her after consuming alcohol - Said fact remained u, rebutted as well as uncontroverted - Plea of husband that there is no specific allegation of cruelty loses its significance in the absence of proper rebuttal on this point - Ground..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife living separately for almost 9 years - There is no cohabitation between spouses - Evidence on record shows that husband used to assault her physically and mentally - Factum of separation as well as animus deserendi proved by wife - No efforts made by husband for reunion even during pendency of application of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere institution of criminal case by wife against husband and its family members will per se not constitute cruelty for the purpose of seeking divorce unless it is held by a Court of competent jurisdiction that said complaint/allegation was false and vexatious...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Where wife aborted her child without consent of husband and stayed long time in her parental home, said act of wife amounts to cruelty to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Even if wife aborted the child, without consent of husband, which amounts to cruelty to husband and stayed long time in her parental home, but same stood condoned as she came back to matrimonial home and lived with her husband for about 2 years - Thereafter husband cannot seek divorce on the same..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False case - Husband alleges that wife got registered a false case u/ss 107/151 Cr.P.C. against him - However, husband admitted that wife also moved an application before DC for her rehabilitation in her matrimonial home - Under those circumstances proceedings u/ss 107/151 Cr.P.C. had taken place,..........
Civil Procedure Code, 1908, Order 12, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1) -- Decree on admission - Divorce petition filed by wife - Husband in his counter claim also seeking divorce on ground of cruelty and desertion - Wife admitted that she has withdrawn the company of her husband and deserted him for a period of more than 2 years preceding counter..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife reluctant to do any household work and was not cooking food for plaintiff and child, which necessitated bringing of food from outside - Does not amount to mental cruelty as wife was working lady and could not spare enough time to do household activities...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife used to abuse husband as `Dhobi' and son as `Dhobi's son' - It does not amount to mental cruelty as such scolding is the common reaction to discipline him and it denotes lack of culture on part of wife...........
