Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband alleges that his wife frequently visited his office and created scenes in the office - Evidence on record shows that due to litigation between parties, wife interested to know the income of husband so that she can claim maintenance - It is possible that wife misbehaved in the office but..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Husband alleges that wife made an attempt to commit suicide and was saved only with medical treatment and that she also threatened to implicate all family members of husband in a false criminal case - No medical evidence on record to show that suicide attempt was made by wife - More so,..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife left matrimonial home due to some quarrel - No efforts made by husband to take back his wife to matrimonial home - Wife chooses to remain in her parental house - Wife explained the reason for her departure from matrimonial home, thus her absence from matrimonial home cannot be construed as a..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Plea of illicit relations of wife and birth of a girl child - Wife volunteered for DNA test - Court without considering request of wife passed decree of divorce - Decree set aside - Matter remitted back for decision afresh after getting report of DNA test...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegation that wife attempted to commit suicide by putting herself on fire because husband received call from his mother - However, no evidence on record that said serious incident was reported to police - Conduct of husband and his family members also strange..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........
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..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Divorced wife can launch prosecution for the acts of harassment and legal cruelty committed by her husband during the subsistence of marriage - Subsequent divorce between the parties will not have any impact on launching prosecution - Status of husband as on date of offence is relevant and not on date of filing of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Factors which are relevant for grant of divorce on the ground of cruelty may not justify denial of permanent alimony to divorced wife...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Threat to commit suicide may be ground for grant of divorce but it cannot be held to be an abominable conduct disentitling wife from claiming permanent alimony...........
