Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Averments made with regard to cruelty are vague and baseless without any factual foundation - Husband in order to prove his plea of dissolution of marriage is required to state specific instances of cruelty with precision in the plea - Mere ordinary wear and tear of marriage life does..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Testimony of husband regarding cruelty and desertion meted out to him by wife is uncontroverted - If testimony of witness is not challenged by way of cross-examination, same is taken to be accepted - Family Court rightly granted divorce to husband on the basis..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition by husband and petition for restitution of conjugal rights by wife - Wife left the matrimonial home and thereafter gave birth to a daughter - Husband produced letters written by his parents to parents of wife in which wife was asked to join matrimonial home - However, no efforts were made by wife to join..........
Hindu Marriage Act, 1955, Section 13 -- Divorce proceedings - Settlement - Once the issue is settled before Court and after Court records settlement of parties, merely because husband remarries, wife cannot call in question settlement itself on whatsoever ground except, it being a fraud...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty by husband - Husband demanded dowry from his in-laws which were met for most of the time as wife belonged to a affluent family - Husband did not take care of wife and she lost the child after full term pregnancy - Later, husband and his family members did not see the child born from her second pregnancy - Plea..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Making false allegations of illicit relationship against a spouse certainly amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband made false allegations of illicit relationship against wife - He also assaulted wife with a chopper and caused her grievous and simple injuries which was proved on record through documentary evidence - Subsequent to assault by husband, when he was in judicial custody, wife left..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has produced sufficient material on record to prove both physical as well as mental cruelty meted out to her by her husband - Various incidents were narrated by wife and an inference can be drawn against husband that he had not only ill treated her but also was in the habit of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties have been living separately for last more than 20 years and their children have now completed their studies and settled abroad - Marriage between parties is virtually dead - Material evidence available on record would go to show that they have been fighting against each..........