Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegations of cruelty - Particular instances not pleaded in plaint and proved by adducing evidence - Husband has made contradictory statement that his relations with wife were not cordial after Gauna ceremony - It was husband who harassed, tortured and assaulted wife and wife..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband alleges that on the first night after their marriage wife stated that she was having love affairs with someone else before her marriage and her marriage was solemnized by her parents forcibly and that she was compelled to do so - However, wife denied such fact in her written..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Charge of cruelty not made out from the instances cited by husband - All six counts of charge of cruelty were in itself not only unsubstantiated and taken together also, did not constitute any such act of cruelty by wife against husband - On the contrary wife having suffered cruelty..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Family Court can examine factual foundation of criminal action instituted by wife and examine it for limited purpose whether allegations on face of it, appears to be fake or concocted so that aspect of `cruelty' can be decided...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband initially filed petition u/s 9 of the Act which was permitted to be withdrawn when wife set in motion criminal action - Allegations of cruelty are subsequent to filing of petition u/s 9 of the Act by husband - Contention of wife that application filed u/s 9 of the Act itself..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Hurling of false accusation which ended in acquittal of husband, amounts to cruelty against husband within meaning of S.13(1)(ia) of the Act - Divorce rightly granted in favour of husband...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Family Court has no power to decree suit on the ground of irretrievable breakdown of marriage as it is a ground unrecognized in law - Decree to that extent unsustainable - However, since there are no emotional ties left between parties, as admittedly they are living in separation since..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion by wife - Parties lived together only for 2 years - They are living separately for more than 2 decades - Conduct of wife shows that she is not willing to live with husband - Wife made various allegations against husband, which were not proved - Emotional bondage between parties have lost - Re-union will not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Necessary pre-condition for seeking decree of divorce is that it is imperative on part of plaintiff to plead and prove that defendant has deserted plaintiff and has continued doing so uninterruptedly for a period of two years prior to institution of suit - Period subsequent to institution of suit cannot..........
