Hindu Marriage Act, 1955, Section 23A, Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce - Counter claim - Accrual of cause of action for counter claim after defendant has delivered his defence - Held, on said ground Court not to have rejected the amendment of written statement to raise plea of counter claim...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband specifically pleaded that is not in relationship with wife since 1995 after the birth of second child and that third and forth child were born out of such illicit relationship - However, from evidence of husband and letters written by husband to wife, shows that there was..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegations by wife against husband regarding dowry demand and alcohol consumption - Allegations are not such which cause immense mental agony and cruelty to husband that it is impossible for husband to live with wife - Divorce petition rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce case filed by husband - Husband seeking transfer of case as he is now posted to a different station - Case cannot be transferred according to convenience of husband, merely because he is posted to a different station, particularly when three more cases are pending at the same place between parties...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Where divorce is sought on the ground of adultery, proof required to establish adultery need not necessarily be proof beyond a shadow of doubt - Proof by preponderance of probabilities would be sufficient...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Wife was caught red handed from the house of respondent No.2 by husband - Such incident was witnessed by husband, his father, mother of wife and local people - Mother of wife took her to her own house and since then they are living separately - There is no reason to disbelieve evidence..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Husband specifically deposed that right from first day of marriage, there has been a sustained cause of abusive and humiliating treatment and reprehensible conduct on part of wife - Wife even physically assaulted their child - Regular instances of outrage and resentment on part..........
Hindu Marriage Act, 1955, Section 13, 10, 13A -- Petition for divorce - Grant of alternative relief of judicial separation - Grant of alternative relief of judicial separation is with the object to give the parties a reasonable time for conciliation, instead of breaking the marriage which should be the last resort - Family Court rightly granted alternative relief of..........
Protection to life and liberty -- Live-in-relationship - Petitioners are already married and without seeking divorce from their respective spouses are living a lustful and adulterous life with each other - They have relied upon a totally vague document i.e representation where in nothing is stated as to from whom petitioners are apprehending threat - Representation..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Marriage between parties did not take off from very beginning - Parties are living apart for more than 19 years - There was disintegration of marital unity and thus, disintegration of marriage - Marriage dissolved by a decree by divorce in exercise of power under Art.142 of the..........
