Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties living separately for the last 10 years - Instances given by husband are nothing but normal wear-tear in a matrimonial life which cannot constitute mental cruelty, grave and weighty enough to dissolve marriage - What actually led the wife to separate from her husband along with..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Merely because parties are living separately for the last about 10 years and efforts made at different levels by Family Court as also by Mediator could not resolve the issue between parties, marriage cannot be dissolved on the ground of irretrievable break down of marriage - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Non-consummation of marriage - Court need not to enter into blame game - Fact that impotency of husband could not be a probable cause for non consummation of marriage as prior to that husband was married and also had a daughter...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - False complaint - Wife visited husband's office as well as contacted his boss and made false complaints against him - Due to this husband had to leave his job and has gone into depression - Cruelty established beyond doubt - No illegality or infirmity in impugned order - Appeal dismissed...........
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Threat to commit suicide by wife when she was pregnant - Amounts to causing mental cruelty to husband of such magnitude that he may consider it to be injurious to live with her - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left matrimonial home during her second pregnancy to see her ailing father with consent and knowledge of husband - Wife did not left with intention to bring cohabitation to an end - However, records shows that husband never wanted his wife to be back and did not even bother to..........
Hindu Marriage Act, 1955, Section 11 -- Nullity of marriage - Petition by wife - Second marriage by husband during subsistence of first marriage which was not disclosed to wife at the time of marriage - Husband did not appear despite service - Wife in support of her case filed examination-in-chief of three witnesses supported by affidavit - Held, in view of evidence on..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is qualified Chartered Accountant and is in profession since 2003 - Wife not entitled to interim maintenance as she has sufficient means to maintain herself...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having financial capacity to maintain herself - Wife is not entitled to maintenance pendente lite...........
