Hindu Marriage Act, 1955, Section 13(1)(ia), 13A -- Divorce - Mental cruelty - Petition by wife - Where wife proves on record that she was being treated with cruelty, which is one of ground for granting decree of divorce u/s 13(1)(ia) of the Act, there appears no reason for Family Court to still grant her decree for judicial separation instead of decree of divorce that too..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband pleaded that his wife never respected his family members and she extended threats to them and use filthy and abusive language for them - However, neither husband disclosed time and place when such quarrel took place or threat extended or abuses hurled nor specific instance or..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Cruelty - Act of cruelty once condoned, cannot be taken as ground of cruelty subsequently, for seeking divorce in view of S.23(1)(b) of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband alleged that wife has shifted all her belongings to first floor and has flatly refused to serve his parents in any manner - However, husband failed to prove said fact - Even, he himself stated that some articles which wife has brought with her were kept in separate room due to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband alleges that wife and her four brothers extended threats to him - However, no specific date or time of circumstances in which such threats were extended has been pleaded nor any complaint against them has been lodged by husband - Husband has made bald statement of general nature,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Father of husband suffered heart attack within 3 months of marriage - Merely because one of the family member has developed some medical problem, cause of same cannot be attributed to other family members as these conditions take long time before they manifest...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty by wife - Wife certainly visiting her parents home - Such visit per se cannot be the reason for husband to complain...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent has to subsist from day one of filing of joint petition by the parties till the decree of divorce is passed by Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife at the stage of second motion - Consent has to subsist from day one of filing joint application till decree of divorce is passed - Rejection of joint petition for divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition for divorce must be presented jointly by parties and there are three basic requirements to be fulfilled by parties i.e : (i) they are living separately for a period of one year or more; (ii) they have not been able to live together and; (iii) they have mutually agreed that marriage should be..........
