Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of sexual intercourse by a partner for a long time without sufficient reason - Amounts to mental cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Evidence led by husband is uncontroverted - Parties are living separately since long - There has been a complete breakdown of marriage - Decree of divorce granted...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 32 -- Divorce - Irretrievable breakdown of marriage - Writ petition - Party cannot file a writ petition u/art 32 of Constitution and seek relief of dissolution of marriage directly from Supreme Court...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Settlement - Supreme Court in exercise of its power u/art 142 of Constitution, in view of settlement between parties, has discretion to dissolve marriage by passing a decree of divorce by mutual consent without being bound by procedural requirement to move second..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 32 -- Divorce - Irretrievable breakdown of marriage - Supreme Court in exercise of its power u/art 142 of Constitution has discretion to dissolve marriage on the ground of irretrievable breakdown, where it is satisfied that marriage between parties completely failed and there is no possibility that..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife failed to prove allegation of demand of dowry and torture by husband on her - Divorce granted on basis of matrimonial faults on the part of wife - Family Court rightly granted permanent alimony and maintenance amount of Rs.1,50,000 to wife is proper...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage spells cruelty to both the parties - It is therefore a ground for dissolution of marriage u/s 13(1)(ia) of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - In a given case, where marital relationship has broken down irretrievably and there is a long separation and absence of cohabitation with multiple Court cases between parties, then continuation of such a marriage would only mean giving sanction to cruelty which each is..........
Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........
