Special Marriage Act, 1954, Section 27(1)(d) -- Divorce - Mental cruelty - Denial of sex - If a person gets infected with a disease and loses his capability of sexual act, it does not amount to cruelty - Mental cruelty can occur only if an able body person fails to perform sex though he is able to have marital relationship and cohabitation...........
Special Marriage Act, 1954, Section 27(1)(d) -- Divorce - Mental cruelty - Denial of sex by wife - Husband's sexual ability is extremely limited on account of various ailments and he is suffering from impotency due to diabetes as per his medical report - When this fact is known, no divorce could be granted on ground of mental cruelty - There is thus evidence to prove that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife levelled repeated allegations of adultery against husband - Private Complaint u/s 494 IPC was also filed by wife against husband - However, husband discharged from said charge by trial Court in criminal proceedings - Allegations not found true by civil Court, which was not proved..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition filed by husband - Marriage solemnized in 2000 - Parties lived together for few days - Misunderstanding took place and wife lodged complaint for dowry harassment and living separately - Wife alleged that till 2016 she lived with appellant, but nothing produced to establish..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Filing of complaint by wife against husband and his relatives before Crime Against Women Cell could not be considered sufficient for granting divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife was severely beaten by husband and she aborted - Allegation if proved to be false would itself constitute act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Threat to send husband and his parents to jail - Date and day of threat not specifically stated - Nothing on record to show that complaint was filed in respect of said threat or threats given by wife with police or in the Court - Vague evidence regarding threat given to him and his parents of sending them..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Fact that husband was sent for medical examination by police and medical papers reveals that he was physically abused - The act per se is not sufficient to hold that wife caused cruelty to husband - Husband not entitled to divorce on ground of cruelty - Impugned order liable to be quashed and set..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Non-appearance of husband before Court - Husband is a practicing Advocate and he knows all consequences but he neither appeared before High Court nor appeared before Family Court - It appears that husband is not interested in saving his marriage - Divorce granted to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Specific averments on record that husband is in habit of taking loans and he also took loan in the name of wife and made her guarantor in some of loans - Husband failed to repay his loans and as a result wife faced embarrassment - Wife has no source of income and she was deserted by..........
