Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Leading adulterous life by wife amounts to worse kind of mental cruelty to husband and conclusively marriage between parties had reached a dead end from where there is no chance of retrieval - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Parties entered into compromise before Supreme Court and requesting to grant decree of divorce u/s 13-B of Act - Court declined to accept such request but allowed the parties to take recourse by filing petition for divorce by mutual consent u/s 13-B of Act - As parties are not residing..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Presumption - In order to raise presumption regarding adoption on the basis of adoption deed, the deed must have been signed by both i.e. person giving and the person taking the child in adoption - In the instant case, adoption deed was not signed by natural father and mother of petitioner - As such..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Husband failed to prove that wife had voluntarily withdrawn from his society rather it was due to act and conduct of husband that she was forced to leave matrimonial home under painful circumstances - Petition u/s 9 of Act preferred by husband was a counter blast to the divorce petition filed by wife -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence on record proved that husband was guilty of treating wife with utmost cruelty as he not only physically assaulted her and her daughter but also gave her mental pain by threatening her and pressurizing her to fulfill his illegal demands - Husband not even came forward to refute the allegations by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence of relative witnesses - Instances of cruelty - Husband throttled the neck of his step daughter and she was rescued by their neighbor PW3 - Statement of PW3 cannot be brushed aside merely for reason that he was a neighbour or relative of wife in brotherhood - PW3 was a natural witness being a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conduct of husband - In addition to FIR lodged by wife against husband another FIR was also registered against husband by another person - Though said FIR cannot be directly related to matrimonial dispute between husband and wife but it certainly reflects conduct of husband...........
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Search warrants - Custody of minor - Father forcibly removed his suckling child of 18-1/2 months from custody of his mother - Act of father of placing the child beyond the reach of mother tantamounts to confinement of child giving rise to an offence - Issuance of search..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievably broken down of marriage - Not a ground of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind or mental disorder of wife - Mental disorder of wife not supported by any cogent or convincing medical evidence - Wife on the other hand, examined two expert doctors and Medical Board of PGI, who found that wife was normal with no abnormality in her - More so, wife is an English lecturer in a..........
