Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Wife suffering from HIV virus and she levelled false allegation that infection was transmitted to her by her husband - Attempt of wife to conceal her ailment from husband - From the very beginning of marriage behaviour of wife towards husband and his family members had been harsh and torturous - Held, all these..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - It is a serious charge and has to be proved beyond reasonable doubt - But at the same time it is difficult to procure direct evidence for proving such a charge - It is only from the circumstances that an inference can be drawn that spouse against whom complaint has been made was leading an adulterous life...........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery & cruelty - Wife and her father admitted her illicit relationship with `M'- No other specific instance was required to be stated or proved by husband for proving his charge of adultery against wife - Even, wife continuing her illicit relationship with `M' even after her marriage - Since charge of..........
Hindu Marriage Act, 1955, Section 26 -- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and obligations of the parties amounting..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite - On one hand husband resisted prayer of wife for dissolution of marriage on the ground that he was ready and willing to keep her and on the other hand he backed out even from payment of maintenance allowance to her - More so, husband levelled false allegation that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
Indian Penal Code, 1860, Section 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Divorce by mutual consent - Criminal proceedings initiated before grant of divorce - After grant of divorce no further dispute survived between parties, though it was not so expressly recorded in the order - No liberty was reserved by wife to continue further proceedings against..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty & desertion - Petition by wife - Wife facing ill treatment and harassment at the hands of her husband because of which wife was forced to leave her matrimonial home with her daughter - Parties living separately since 2002 - Husband never approached Court with a prayer for restitution of conjugal..........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Earlier divorce petition filed by husband dismissed as withdrawn - It was not contended in the earlier petition that marriage of petitioner husband with respondent wife was a nullity as her previous marriage was not dissolved - In the absence of reference of the same in previous petition, petitioner cannot now make it..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife having illicit relationship with respondent no.2 - Statement of PW1 proved that wife was having extra martial affair with respondent no.2 and she was living with him in adultery - PW1 was an eye witness of said illicit relationship - Moreover, said adultery is admitted by wife - Wife on the contrary..........
