Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Husband filed petition for divorce whereas wife filed petition for restitution of conjugal rights - Divorce petition dismissed whereas petition filed by wife for restitution of conjugal rights decreed - Wife issued a notice to husband to join the matrimonial company but husband issued a..........
Hindu Marriage Act, 1955, Section 12, 5(ii)(c) -- Divorce - Wife suffering from epilepsy - It was husband who proposed marriage with respondent wife being aware of her health condition - Allegation of wife that epilepsy resurfaced due to harassment caused to her remained unrebutted - Held, where husband has contracted marriage with full knowledge of his wife being..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty & Desertion - Allegation of husband that the wife attempted to commit suicide by taking baygon spray - Wife denied it, and husband failed to adduce any evidence - Held, cruelty not proved - Other ground taken by husband that wife deserted him but in reality it was husband who deserted wife - Ground of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - A visit made by a woman to pay her last respect to her maternal grand-mother, cannot be said to be an act of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Parties lived together for 14 years till wife left to attend the funeral ceremonies of her grandmother - After that she was not permitted to enter the matrimonial house - Husband issued a notice to wife to agree for mutual divorce, on payment of Rs.2,00,000/- - Wife intends to live with..........
Hindu Law -- Joint Hindu Family - Partition - When a part of joint family property is given to wife of a coparcener during his lifetime towards her maintenance, the said property must be put to her share if she claims partition of joint family properties after her husband's death, even though the said property has become her absolute share under Hindu Succession Act and..........
Hindu Law -- Joint Hindu Family - Separate property - Defendants contended that item No.6 of plaint A schedule property is self acquired property of their father who died - Deceased has no independent source of income or neither he purchased the property with a clear intention to enjoy it exclusively - Deceased was Karta of joint family and family remained joint till the..........
Hindu Marriage Act, 1955, Section 5 -- Marriage - Validity - Second marriage during subsistence of first marriage - Marriage is void - Even consent cannot validate such void marriage - It is only in respect of voidable grounds that consent or acquiescence of a party can sustain the marriage - However, the same is not the case with the grounds, which make the marriage..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar under law - Divorce petition - Marriage between parties had taken place according to Hindu rites and Saptapadi - Parties lived as husband and wife for more than 5 to 6 years - Defence of husband that earlier conversion of wife to Muslim religion, would bar the applicability of provisions of Hindu..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Only allegation that wife was of dull mind and never co-operated in cooking food - Not sufficient grounds for divorce - Mental disorder alleged has to be of such kind that it cannot be reasonably expected to live with spouse - Cruelty by wife not established - Petition filed by husband, dismissed...........
