Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife threatening to implicate husband in false criminal case - Allegations levelled against wife are totally frivolous, ill founded and vague in nature - Had it been a case where wife actually had been threatening to implicate husband and his family in a false criminal case there was nothing which prevented..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of six months - Provision of S.13-B(2) of the Act is not mandatory and it is directory - Family Court can waive the cooling period subject to satisfaction of the eventualities, viz.: : (i) when there are no chance of reconciliation and parties already separated for a longer..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Waiver of statutory period of six months - Long separation - Merely because parties were residing separately in order to have higher education cannot be said to be separation because of any mutual understanding or dispute - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Waiver of statutory period of six months - Parties are not contesting the proceedings for a period longer than period mentioned in S.13-B(2) of H.M Act - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder - Wife suffering from schizophrenia - Husband failed to prove that wife was suffering from disease of schizophrenia and same was not curable - Though medical document as to mental illness of wife exhibited by husband but he failed to produce any expert medical evidence to prove said document - Mere..........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Marriage between parties took place during subsistence of wife's first marriage - Marriage held to be null and void being solemnized in contravention of Ss.11, 5(i) of the Act - However, husband directed to pay Rs.7 lakhs to child born out of wedlock of parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty and misbehavior levelled against wife are vague in nature - Husband failed to refer any particular incident much less specific date to show that wife had misbehaved with him and his parents or inflicted such immeasurable agony on them so as to compel him to resort to extreme step of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left the company of husband in Jan 2002 - Petition u/s 13 of the Act filed in Oct 2003 i.e within 2 years of alleged date of incident - Essential ingredient to attract dissolution of marriage u/s 13(1)(ib) of the Act not made out - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - No evidence led by husband that a decree of conjugal rights could be passed in his favour yet trial Court proceeded to grant a decree for restitution of conjugal rights - Even issues were not framed, which assumes significance especially when wife had not even admitted claim of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
