Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties have been living separately for last more than 20 years and their children have now completed their studies and settled abroad - Marriage between parties is virtually dead - Material evidence available on record would go to show that they have been fighting against each..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Assassination of character amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Assassination of character of husband of having illicit relations with another lady, not proved - Amounts to cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife admitted that she is residing separately for last about 8 years and during this period they have no relations - She had never complained against her husband for not taking her back and she has also not filed petition for restitution of conjugal rights - No intention on the part of wife to resume..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife had publicized her husband as a womanizer, drunkard and having bad habits in his office - Said act of wife would amount to cruelty, as it would demolish reputation of husband - Explanation given by wife that she did so to protect future of children could not wipe out her act of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband placed on record conversion between parties recorded in CD, its transcript and text messages along with certificate u/s 65-B of Evidence Act - Wife on the other hand did not lead any evidence to contradict the said evidence - Evidence led by husband correctly taken into account..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Offence u/s 498-A IPC - Accused is offering reasonable compensation to his wife although valid divorce has taken place between them - Sentence awarded is of 1 year's S.I u/s 498-A IPC - Offence is of private nature and offence does not attract colour of moral turpitude nor has any bearing upon his..........
Hindu Marriage Act, 1955, Section S -- Divorce - Desertion - Petition by husband - If wife has a reason to reside separately due to conduct of husband, husband cannot take advantage of his own conduct and behaviour to the disadvantage of wife...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Provision of S.25 of the Act is not restricted to a decree of divorce but the decree can be for restitution of conjugal rights, judicial separation, or divorce by mutual consent - Scope of S.25 of the Act cannot be restricted by holding on divorce/dissolution of marriage, wife or husband cannot bring such..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of physical relationship to a spouse by other amounts to cruelty...........
