Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - One who complains of desertion must demonstrate that he or she was willing to live with the other spouse and that latter is living separately on account of his her disinclination...........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Annulment of marriage - Impotency of husband - No consummation of marriage due to impotency of husband - However, husband stated that he was suffering from jaundice and was medically advised not to cohabit for few days - No document on record about alleged ailment of husband - Wife stayed in matrimonial home for about seven..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - As a counter blast to the petition filed by husband for restitution of conjugal rights wife got registered a criminal case u/s 498-A IPC against husband and his family members - Wife was not interested in living with husband because according to her cruelty had been meted out to her - Husband after withdrawing petition u/s..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Only a competent court can grant decree of divorce - Divorce cannot be granted to a party governed by Hindu Marriage Act or Special Marriage Act, based upon any consent letter between them...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband made admission contrary to the pleadings in his cross examination - Trial Court gave undue weight to the fact that wife could not establish the acts of cruelty alleged by her - In a petition for divorce it is petitioner who has to establish the acts of cruelty - Allegations not..........
Hindu Marriage Act, 1955, Section 23 -- Divorce - Cruelty - Condonation - Held, necessary elements of condonation are forgiveness and restoration...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation leveled against husband of having illicit relationship - Wife failed to substantiate the same in any manner - Held, such allegations made by wife have caused mental cruelty to husband - He is entitled to a decree of divorce...........
Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife had a job in Pune and agreed to get herself transferred to Mumbai after marriage - Contention of husband that her failure and refusal to abide by her commitment pertaining to transfer to Mumbai amounts to cruelty - Held, her evidence appears to be straightforward and honest - Why she did not apply for..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950 - - Divorce by mutual consent - Parties arrived at settlement during pendency of SLP from the order of maintenance - Memorandum of settlement accepted as it is in the interest of parties and their children - Since parties have also agreed for annulment of marriage, decree of divorce granted u/s.13-B of..........
