Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague, general and unsubstantiated allegations of cruelty by husband against wife - No material on record to support such allegations of cruelty - Plea of wife on the contrary that husband not permitted her to matrimonial home is proved on record - Even forcible removal of child from wife..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruel behavior is easy to allege and hard to prove - What is cruelty in one situation may well not be cruelty in another. (Para 7) Hindu Marriage Act, 1955, S.13(1)(ia), 13(1)(ib) - Divorce - Cruelty and desertion by wife - Wife's behavior towards husband and his family members was abusive, lacked respect,..........
Hindu Minority and Guardianship Act, 1956, Section 13 -- Treatment/surgery of minor child - High Court allowed father to take the child from India to U.K. for a period of four months - Period extended from first week of October, 2016 to 31st January, 2017 - Father further directed that on completion of treatment, child would be brought back to India and put in the custody..........
Hindu Succession Act, 1956, Section 14 -- Property held by a Hindu female in lieu of pre-existing right of maintenance after coming into force of Hindu Succession Act would blossom into complete ownership and therefore, she can deal with the same in any manner she likes in accordance with law - No hurdle or fetters can be placed on such ownership...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty upon husband - Mere fact that criminal proceedings initiated by wife ended in a judgment of acquittal, by itself would not lead to finding against wife that she is guilty of causing extreme `mental cruelty' to husband which could become basis for dissolution of their marriage - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty - May be physical or mental - Mental cruelty is a state of mind - Feeling of deep anguish, disappointment, frustration in one spouse caused by conduct of other for long time may lead to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty - False allegation against wife that she is drug addict - Amounts to cruelty - If being hurt by such unfounded allegation, wife and her father filed a suit for damages against husband, that could not be used by husband to say that litigation caused mental cruelty to him...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty upon husband - Filing litigation for claiming maintenance by wife - Husband refused to maintain wife and her daughter - Wife was well within her legal right to file a petition claiming maintenance u/s 125 Cr.P.C. - Since the amount ordered to be paid u/s 125 Cr.P.C. was not sufficient, law provided remedy to..........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty upon husband - Merely because wife withdrew entire amount from her salary account and closed the same, by no stretch of imagination, said conduct of wife can be addressed as cruel towards husband, particularly when there is no allegation that wife mis-utilized the said amount for a purpose other than benefit..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Capacity of the other party to earn cannot be taken into consideration while deciding the application u/s 24 of the Act - It is only the actual earning of opposite party on the basis of which relief can be granted - Permanent income and not casual income is relevant...........
