Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not levelled any frivolous allegation against wife - He was making efforts to save his marriage for future of minor daughter - Even, baseless allegations were made by wife against husband that he was having an extra marital affair and he was a drug addict - Behaviour of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Neither ground of desertion considered by trial Court nor framed any issue in relation to that - Trial Court passed the judgment only on the aspect of cruelty - When specific ground was pleaded and was allowed to be pleaded, it was duty of trial Court to frame issue in that regard and to permit the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - In matrimonial cases statement of parties to marriage is sufficient as they are potential witnesses - Observation of trial Court that husband did not examine any independent witness is fallacious...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Incurable mental ailment of spouse - A partner to marriage when has a incurable mental ailment leading to irresponsible and violent behaviour, it certainly makes life of victim spouse a living hell and makes it impossible for him to live with partner with safety to his life and mental peace to him/her -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Incurable mental ailment of wife - Husband earlier filed divorce petition but to give a second try to his matrimonial life he compromised the matter - However, after compromise behavior of wife did not change and she continued with her bad behavior - Continuation of bad behavior by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Long separation of seven years between parties during which they have been litigating would show that marriage between parties has become a deadwood and beyond repairs on account of bitterness between parties - Such long separation is bound to create unbridgeable distance between..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife hardly stayed at her matrimonial home for 3 months and admitted that her mother-in-law used to carry out household work - No efforts were made by wife to resume cohabitation - Wife filed false criminal case against husband wherein husband was acquitted - Husband and wife are..........
Special Marriage Act, 1954, Section 27(d) -- Divorce - Cruelty - Petition by husband - Wife filed various complaints against husband - However, complaint was not filed with the intention to cause harm to professional or social status of husband - Depositions of witnesses also does not support case of cruelty - No evidence on record to substantiate allegation of cruelty -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false case by wife against husband amounts to cruelty and is sufficient ground for divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Criminal case filed by mother of husband against wife in which wife was been given benefit of Probation of Offenders Act, does not constitute cruelty against husband - Divorce petition rightly dismissed...........
