Hindu Marriage Act, 1955, Section 13, 12 -- Divorce - Wife suffering from epilepsy - Not a ground for divorce - Epilepsy cannot be equated with unsoundness of mind or mental disorder as contemplated under the Act - However, husband may set up a plea that material fact was not disclosed to him at the time of marriage, to declare marriage void u/s 12 of the Act - Divorce..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty & desertion - Husband an army officer admitted that he never kept his wife with him - Nor he maintained his wife and son - Wife forced to file complaint u/s 125 Cr.P.C - Son of parties stated that his father used to beat his mother - Statement of son duly corroborated by Pradhan of Gram Panchayat - Wife also filed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Vague and general instances of cruelty given by husband - In fact it was the husband who used to misbehave with wife - As wife failed to conceive a child, husband used to proclaim that he would contract second marriage - Husband failed to prove that he has been subjected to cruelty by wife -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband himself deserted his wife and forced her to live with her parents - No evidence that husband made sincere efforts to pursue wife to come back rather he has not allowed wife to join her matrimonial house despite her willingness and readiness - Husband created an atmosphere which led wife to..........
Hindu Marriage Act, 1955, Section 13(1)(vii) -- Divorce - Spouse not heard of being alive for 7 years - It is a ground for divorce - But just because a spouse was not heard of for 7 long years, other spouse cannot contract second marriage - He/She has to approach Court seeking divorce on that ground and thereafter can contract second marriage...........
Hindu Marriage Act, 1955, Section 11 -- Annulment of marriage - Wife contracted second marriage during subsistence of first marriage - Plea of wife that her first husband is not heard of being alive for 7 long years untenable as evidence on record shows that first husband was very much alive when wife contracted second marriage - Second marriage, held, illegal and null and..........
Hindu Marriage Act, 1955, Section 11 -- Annulment of marriage - Wife contracted second marriage during subsistence of first marriage - Plea of illiteracy - When law lays down that a marriage with another person during subsistence of marriage is null and void, wife cannot hide herself behind the plea of illiteracy and seek for validity of marriage - As ignorance of law is..........
Hindu Marriage Act, 1955, Section 11 -- Annulment of marriage - Wife contracted second marriage during subsistence of first marriage - Condonation of such act by second husband - Cannot be a ground to held second marriage as valid - As there can be no condonation of an act which is prohibited under law - Second marriage is null and void...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife contracted second marriage during subsistence of first marriage - Conduct of wife amounts to cruelty to former husband - Former husband is entitled to a decree of divorce - Divorce granted...........
Hindu law -- Joint family property - Partition - Two brothers of joint family carrying on business jointly by contributing labour - Presumption arises that properties acquired by contributing jointly from said business are joint family properties - No evidence to rebut the said presumption - Both brothers, held, entitled to half share in suit properties - Preliminary..........
