Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - It is not a recognized ground for divorce under the Act - But it can be treated as an additional factor along with any other established grounds for divorce u/s 13 of the Act thereof if so proved...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife has shown indifference and disinterest in sustaining matrimonial relationship with husband for over 9 years since when she left matrimonial home - She even chosen not to appear and contest proceeding - No effort for any reconciliation through mediation could be undertaken in spirit of the Act..........
Hindu Succession Act, 1956, Section 8 -- Sch. 1 - Property of male Hindu dying intestate - Succession certificate - Right of daughters - Daughters not made parties despite being legal heirs - Mere fact that daughters are married, they do not cease to be Class-I heirs as contended by appellant, as there is no distinction between daughter and a married daughter in Schedule I..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False, baseless, scandalous, malicious and unproven allegations made in written statement may amount to cruelty - If it is established from evidence that allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and Court can pass a decree of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False and baseless allegations in written statement - Plea that as husband was casting aspersions on wife's sexual behaviour, as such she was justified in retorting by making a counter allegation - This explanation is wholly unconvincing and does not dilute the act of cruelty, committed by wife - Besides..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegation of impotency against husband - Amounts to cruelty, as it is likely to impact husband's self image and adversely affects his mental well being...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations against husband - Imputations and allegations made by wife in her written statement repeatedly reinforced during trial - Even allegation made by wife that she was mistreated or tortured not proved by her - False accusation which are not proved are bound to cause deep hurt and anguish to..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Husband and wife separated for more than 8 years - Since separation has continued for a sufficient length of time, it can be presumed that marriage has irretrievably broken down - Refusing to sever matrimonial ties would cause further mental cruelty to husband, who suffered a lot - Divorce..........
Unlawful custody -- Writ of Habeas Corpus - Detenue/wife filed petition for Habeaus Corpus through her husband as next friend against relatives/private persons alleging that they are detaining her and she is in unlawful custody - Since there is no matrimonial discord between detenue and her husband and she had not claimed any relief against her husband, Writ Court erred..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Divorced wife - Not entitled to claim maintenance u/s 18 of the Act, particularly when she was divorced on the ground of cruelty and desertion, as she does not fall within definition of `wife'...........
