Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation should have the origin with reference to time, place and manner of cruelty - General allegations of cruelty do not constitute cruelty in the eyes of law so as to grant decree of dissolution of marriage on that premise...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Expressing desire by a qualified wife to do job - Does not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Marital life should be accessed as a whole and few isolated instances over a certain period will not amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere annoyance or irritation or normal wear or tear differences does not constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Termination of pregnancy by wife - Wife cannot be forced to give birth to a child - Right of a woman to have reproductive choice is an insegregable part of her personal liberty as envisaged u/art 21 of Constitution - Moreover, neither husband had adduced evidence that wife terminated..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Merely because wife is staying separately an inference of desertion cannot be drawn...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife stated that not only husband but his sisters used to suspect her character which constrained her to leave matrimonial house - She stayed along with husband for four years and never complained previously - She had filed petition for restitution of conjugal rights mentioning the..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Period mentioned in the provision is directory and not mandatory - It is open to Court to exercise its discretion in the facts and circumstances of each case - Impugned order of rejection of application for waiver of six months statutory period set aside - Matter..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife in her evidence by way of affidavit stated that petitioner is not her husband - However, no evidence led by wife in support of her claim with respect to marriage between parties being invalid, nor she lead any evidence to prove reasonable excuse for her residing separately..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Divorce granted on the ground as wife living in adultery - Wife is not entitled to permanent alimony...........
