Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Court directed husband to maintain wife in petition filed by wife u/s 9 of Hindu Marriage Act - However, husband remained silent for about 6 years and then he filed divorce petition - During said period of six years he never moved any Court to seek relief of conjugal rights - Ground..........
Hindu Marriage Act, 1955, Section 13B, 25(2) -- Divorce by mutual consent - Any party seeking variation in terms and conditions of divorce can resort to provisions of S.25(2) of the Act, or to any other remedy, but decree of divorce must remain intact, unless fraud, undue influence or coercion is proved...........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - No appeal lies u/s 19(2) of the Act of 1984 against consent decree of divorce under Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Wife remaining away from her matrimonial home due to conduct of husband - However, neither any effort was made by husband for retrieving wife to her matrimonial home by filing petition u/s 9 of Hindu Marriage Act nor any divorce petition was filed against wife -..........
Special Marriage Act, 1954, Section 25(iii) -- Declaration of marriage as a nullity on ground of fraud - Consent of wife for marriage obtained by fraud and coercion - No evidence led by wife that her consent for marriage was obtained by fraud and coercion - As regarding no, consummation of marriage by husband, same is not a ground u/s 25(iii) of the Act - But even..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Accusation and character assassination of wife by husband in his written statement as well as in evidence in chief, would constitute a mental cruelty - Wife held, entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties directed to be present alongwith their children who are major and living separately - Such direction not in consonance with the spirit of an application u/s 13-B of the Act - Directing adult children to be present is a far fetched endeavour in seeking to dispel any doubts regarding element of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Levelling false allegations by wife and subjecting husband to a long drawn legal battle and its turmoil amounts to mental cruelty to husband...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Initially, adultery was not even pleaded in grounds for dissolution of marriage - Moreover, it is not fathomable that husband would file a petition for restitution of conjugal rights if he had serious doubts about fidelity of his wife and paternity of second child - Ground of adultery not proved...........
