Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Extra marital affair of husband with his bhabi - Written statement and cross examination of wife do not support this observation - Making this as ground of mental cruelty is erroneous - Order dissolving marriage set aside...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage by itself is not a ground under the Act or which alone a decree of divorce can be passed - Irretrievable breakdown of marriage can only be a circumstance which Court can take into account when cruelty is proved and blend them together...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Inter se allegations of parties of not cooking food, not paying certain electricity charges, house tax etc. for some time on account of business loss, having ego issues, about difference in educational qualifications etc., are nothing more than a normal wear and tear of an ordinary..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is residing with his in-laws with her two minor children and husband is not living with his parents - Husband disowned by his parents, because he performed ring ceremony with one girl - Father-in-law maintained wife and her two children - Statements of parents of husband..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Making certain statements or expressing displeasure over some family decisions or at times reacting discourteously or disrespectfully on spur of moment cannot be said to be a ground of mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Factum of two children born out of wedlock, belies allegations of husband that wife is inflicting mental cruelty on him soon after their marriage - Ground of cruelty not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - `Desertion' would imply a total repudiation of marital obligation - Legal desertion cannot be established merely by pointing fingers at spouse who would have left matrimonial home...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife is deserted by husband and she left in 2008 at her sister's home - She had since then making all efforts to join company of husband, but it was husband alone, who was guilty of matrimonial misconduct and had intentionally not making atmosphere conducive to facilitate return of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Both the parties are ad idem that they would like to divorce each other on the basis of mutual consent by entering into a compromise - They have been staying away from each other for many years - Marriage between parties held, dissolved u/s 13-B of the Act...........
Partition suit -- Death of Christian intestate - Relinquishment of share by daughter - Daughter of deceased/owner married to Hindu man and converted to Hinduism - Despite the same, daughter was paid Rs.50,000 and some gold ornaments for relinquishing her right in suit property and she accordingly relinquished her share - Daughter thus, has no share in suit property -..........
