Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife levelled false allegation of rape against her father-in-law - It amounts to cruelty - Husband entitled to get decree of divorce - Divorce petition rightly allowed...........
Hindu Marriage Act, 1955, Section 13B(2) -- Waiver of six month`s statutory period is within discretion of Court depending on attending facts and circumstances of each case...........
Hindu Marriage Act, 1955, Section 13B(2) -- Waiver of six month`s statutory period - Both spouses are living separately for last almost two years with no formal ties of marriage between them - Subsistence of marriage is due to attenuated thread on account of statutory cooling period of which four years already passed - Remaining period of 2 months held, waived...........
Hindu Marriage Act, 1955, Section 13(1A)(i) -- Divorce - Non-resumption of cohabitation by husband, despite elapse of one year from the date of judicial separation decree - Husband admitted that he had not taken any initiative to resume cohabitation with wife - Wife on the other hand tried to resume cohabitation but her effort was frustrated by husband - To grant a relief..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Absolute withdrawal by husband from company of not only wife but also life of his children would constitute mental cruelty - Divorce granted to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Compelling wife to stay in a dead marriage, in itself constitutes mental cruelty - Divorce granted to wife...........
Hindu Succession Act, 1956, Section 30 -- Ancestral coparcenary property - Will - Competency of Hindu Male - Plaintiff admittedly granted half of property in earlier Will and he made no grievance - It is only when subsequent Will is sought to be executed and share of plaintiff is substantially reduced that he raised competence of executant to execute Will - Plaintiff..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Illicit relationship - Allegation by both husband and wife - If husband contended that allegations of illegitimate relations made against him has amounted to mental cruelty, than, bald allegations made by husband against wife would also amount to same - Mental cruelty so as to dissolve marriage cannot be accepted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Initiation of proceedings u/s 107/151 Cr.P.C. by wife - At that time misunderstanding was brewing in the marital life of parties - Wife in such circumstances had adopted he legal course to protect her rights - Such action taken in accordance with law cannot, in nay event, be considered as inflicting cruelty..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Wife residing in Canada and husband in USA - Recording of statement by video conferencing - If reconciliation not possible then Court to record statement of parties in the first and second motion by video conferencing - Before recording of statements of parties, wife would be identified by her mother..........
