Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Bar of fresh suit - First petition for grant of decree of divorce filed by husband withdrawn without seeking leave of Court to institute a fresh petition for grant of decree of divorce - Second petition for divorce filed by husband refers to several acts of cruelty inflicted by wife on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife making false allegations in regard to demand of dowry by husband or his mother - It surely constitute an act of cruelty - Decree of divorce can be granted on said ground...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition filed by wife for restitution of conjugal rights shows that wife has all sorts of grievances against husband - If serious allegations leveled by wife against husband in petition for conjugal rights were to be true, no wife would have thought of staying with such a man under one roof -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiff, an employee provided accommodation during course of employment - After retirement plaintiff continued in possession of such premises - Plea that plaintiff constructed house from his own resources, as such he is owner of suit property - Plaintiff failed to prove that he constructed the house..........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Adultery - Proof - In most of such cases there is no direct evidence regarding adultery and it can be established by circumstantial evidence - It is not always possible that witnesses would see one of spouses with paramour in objectionable posture or position so as to prove charge of adultery...........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Adultery - Wife lived separately in a rented house and her paramour used to visit her - This fact is corroborated by statement of PW2 owner of rented house - Even father of wife also stated against her daughter and he already disowned her because of her misdeeds - Held, husband proved the adulterous conduct of wife -..........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Adultery - Husband took the plea of adulterous life of wife in a petition filed by wife u/s 125 Cr.P.C. - Court came to the conclusion that wife had willfully deserted her husband as such she had no right to claim maintenance - Relief of interim maintenance was also declined - Held, divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Married life should be assessed as a whole - Few isolated instances over certain period will not amount to cruelty - Only sustained unjustified and reprehensible conduct affecting physical and mental health of other spouse may lead to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Vague and general allegations of cruelty - Actual acts of cruelty by wife or her relatives not stated - Details as to manner and date when wife allegedly ill treated husband not given - Husband has not examined any person to show that there was harassment at his work place - No material on record to show..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left the company of husband - No evidence that husband wrote a letter to wife asking her to join his company for cohabitation - Ground relating to desertion is also vague as no evidence to support the same...........
