Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Frequent change of residence at the instance of wife - Does not reflect cruel attitude of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleged to be a quarrelsome lady - Plea of wife that she did not use to pick up quarrel - RW2 a neighbour of the parties and a retired Naib Tehsildar deposed that it was only husband who picked-up quarrel with wife and beat her up - Evidence of an independent witness who is reputed in the village..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False complaint by wife - Nothing produced by husband to show that complaint by wife was a false complaint - Without any documentary proof, it cannot be said that complaint by wife was a false one...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Both the parties had lived as husband and wife together for more than 16 years - Husband contended that wife had not cared about mental growth of male child as she violently threw away his tablets as prescribed by doctor - Wife stated that she preferred to throw away the tablets as she genuinely felt that..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Limitation - Suit was admittedly filed more than a year and objection was taken that Art.97 of Limitation Act applied and suit was barred by law - Plaintiff pleaded that preferential right in property to approach Court is only through an application and therefore application cannot be..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Plea of impotency of husband - No medical evidence to establish such a wild allegation - Unambiguous admission by wife that she had normal sexual relationship with husband during her stay with him in the matrimonial home - Held, ground that husband was impotent is found not established by wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Plea of demand of dowry by husband - However, wife admitted that there was a compromise between parties and she received a sum of Rs.25,000 from husband - Wife also admitted that after marriage she pursued her studies only at the expense of her husband - There is thus false allegation of demand of dowry by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Plea of wife that she was treated with cruelty without any semblance of love and affection shown by husband - However, wife herself stated that during the whole period of her stay in the matrimonial home, husband kept her comfortably, showering love and affection on her - Such a version of wife demolishes..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Plea of suppression of age by husband at the time of marriage - Admission of wife during cross examination that she was aware of actual age of husband at the time of marriage - Wife failed to establish allegation of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Decree of divorce can be granted only on the grounds set out in S.13 or S.13-B of the Act and not on the ground that marriage is emotionally and practically dead...........
