Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Plea of husband that he has been acquitted of false criminal case on basis of benefit of doubt - Held, not tenable - Order granting divorce held, erroneous...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Divorce petition by husband - Wife is residing with her 2 children and father-in-law in rented house is indeed her matrimonial house - Even, wife never left matrimonial house and there is no animus deserendi on her part - Moreover, affidavit by father-in-law rejecting every claim of husband regarding cruelty and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Several false complaints filed by wife against husband - Wife deserted husband without any reasonable cause - Husband alleges that wife is living with another person for a quite long time as her paramour - All these facts amounts to mental cruelty to husband - Divorce rightly granted..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife ill-treated him and failed to take care of him being a dutiful wife and also deserted him - Wife in her cross-examination admitted that she never took any step at her instance or at the instance of her family members - Even, wife admitted that husband did not..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Both the parties living separately from the past 13 years - Neither of them, has filed any application seeking for restitution of conjugal rights - There is no possibility of reunion, as marriage tie between parties has become emotionally dead and same is beyond repair because of emotionally dead..........
Hindu Marriage Act, 1955, Section 13, 11 -- Divorce - Res judicata - Grounds for dissolution of marriage are of continuing or recurring nature - If incidents giving rise to cruelty, desertion and adultery are different, cause of action will also differ depending on facts and circumstances - When cause of action is of continuing and recurring nature, subsequent litigation..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Vague allegations of cruelty based on assertion of beating and harassment for dowry made by wife - Same uncorroborated by evidence - Bald allegations made by wife are absolutely ambiguous and no, specific - Neither in her pleadings nor in her affidavit wife narrated any specific case of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Spouse`s infidelity can constitute cruelty to other spouse...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-consummation of marriage by wife - Paternity of child is disputed - Husband and wife both stayed separately for over 14 years - DNA test report proved that child born to wife is not of husband - Even testimonies of PWs demonstrates that both husband and wife not lead a happy marital life - Mental..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To prove cruelty, in matrimonial cases, contemporaneous nature of evidence is important...........
