Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Illicit relationship of husband - Maintaining relations with a lady outside matrimonial alliance that too without any justified explanation, certainly amounts to cruelty and rather, said fact is sufficient to cause ruptures in the matrimonial alliance of parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Illicit relationship of husband - Admission of husband regarding his relations with one lady coupled with photographs of husband with said lady as produced by wife, shows that it was husband who had been the cause of disturbance in matrimonial alliance of parties - No party can be..........
Family Courts Act, 1984, Section 7, 10(3), Hindu Marriage Act, 1955, Section 13, 26 -- Divorce - Granted subject to payment of Rs.50 lakhs to minor son - Husband is doing agricultural, real-estate and civil contractor and having 20 Acres of agricultural land - Even after that husband did not give any money for maintenance of minor child since the birth of child - Amount of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint Family coparcenary property - Plaintiff failed to prove that suit land was joint Hindu family coparcenary property - Scanty revenue record was produced by plaintiff which by itself does not establish version of plaintiff - Execution of Will in favour of defendants stands..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Vague allegations cannot constitute a ground for divorce, when no specific plea regarding cruelty has been made...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Ground of a spouse suffering from schizophrenia by itself is not sufficient for grant of divorce u/s 13(1)(iii) of the Act as it may involve various degree of mental illness - It ought to be proved that spouse is suffering from a serious case of schizophrenia which must also be supported by..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made bald allegation that wife is suffering from mental illness and her behavior is abnormal but he has failed to adduce any documentary evidence thereto - He did not produce medical, documentary and oral evidence of doctor who is treating schizophrenia of wife - Husband has..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not withdrawal from a particular place, but it is withdrawal from a particular state of things i.e. cohabitation...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is a continuing course of conduct and not a single act - Desertion is deemed complete when period prescribed in law expires, and a petition for remedy is filed on its ground - However, if deserter returns before expiry of prescribed period, desertion stands terminated...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties was solemnized in 1997 and it was love marriage but conjugal relationship between parties was snapped since 2002 - Wife is residing in her parental house thereafter and they never resumed cohabitation after 2002 and during last more than two decades efforts..........
