Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce by mutual consent - Impleadment of a stranger - A stranger to a matrimonial discord can never resist its resolution through dissolution on mutual consent...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Merely because parties may have remained separated for reason of their separate jobs, the fact occurrence of desertion may never be sustained on the strength of such vocational/employment compulsion faced by the parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence appears to have been led to establish that institution of criminal cases by wife was false or that no such occurrence had taken place, as both cases are disclosed to be pending - Element of cruelty alleged was not established by husband - However, wife was able to lead..........
Hindu Marriage Act, 1955, Section 13(1A) -- Divorce - Non-revival of matrimonial relationship between parties within a year from decree of judicial separation - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Once it is proved that it was the husband who had turned out wife from matrimonial home that too by practicing deceit in making wife believe that parties would revive their matrimonial relationship subject to wife withdrawing from criminal case, desertion on the part of wife not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Element of cruelty alleged by husband was of date prior to settlement reached between parties - After settlement was reached, parties hardly cohabited as may have given rise to any ground of cruelty on the part of wife - Moreover, said acts of cruelty have to be treated as condoned or..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - Mere fact that widow daughter-in-law was living separately that too with her parents, may not be circumstance as may disentitle her to claim maintenance from her father-in-law in entirety...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - It is not mandatory that for a daughter-in-law to claim maintenance, she must first agree to live at her matrimonial home...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - Father-in-law is 70 years old and is himself dependent on his sons - However, he has agricultural holding in his name - Daughter-in-law has not remarried and is living with her parents - She is thus, entitled to claim maintenance from her father-in-law by..........
Hindu Marriage Act, 1955, Section 13(1)(iii), Evidence Act, 1872, Section 102 -- Divorce - Mental disorder of wife - Burden of proof - Burden is on husband to establish either that wife was incurably of unsound mind or that she had been afflicted by such a medical condition as may be described as a continuous or intermittent mental disorder of a kind in which husband may..........
