Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of desertion introduced by way of amendment of petition - Amendment allowed on 19.10.1996 - Desertion has to be proved from 19.10.1994 onwards and that it was without reasonable cause and without consent or against wish...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Hindu Marriage Act, 1955, Section 9, 13 -- Petition for restitution of conjugal rights - By amendment petition converted to a petition for divorce on ground of desertion - Parties contested the proceedings for grant of divorce - Decree of divorce granted - Held, mere failure in framing an issue with regard to restitution of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Mere submission that marriage has irretrievable broken down cannot lead the Court to pass a decree for divorce without examining if any ground has been made out or not...........
Hindu Marriage Act, 1955, Section 23 -- Condonation - For constituting condonation, there must be forgiveness and restoration - Aspect of condonation will have to be adjudicated after taking into account bilateral acts of both the parties...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of statutory period of 6 months - Petition of husband for divorce pending for more than two years - Petition allowed to be withdrawn with liberty to parties to file petition for divorce by mutual consent before Family Court - Both the proceedings between same parties have to be taken in..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - S.12(1)(c) of HMA is attracted only if the consent of one spouse in obtained by the other through force or by playing fraud...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Suppression of information by a spouse as to his suffering from a disease - Held, suppression and failure to inform a particular fact cannot be treated as fraud, unless the person failing to mention it was under a legal obligation to state it...........
Hindu Marriage Act, 1955, Section 12(1)(c), 2 -- Annulment of marriage - Maintainability of petition - Even if the consent of the spouse is obtained by fraud, petition for annulment of marriage is not maintainable if the said spouse lived with the other after having such knowledge...........
Hindu Marriage Act, 1955, Section 11, 5, Civil Procedure Code, 1908, Order 7, Rule 11(a)(b) -- Nullity of marriage - Wife seeking declaration of marriage as null and void - Wife Hindu and husband Christian at the time of marriage - Marriage performed as per Hindu rites and rituals - Both of them continued to profess their respective religion till filing of petition -..........
Hindu Marriage Act, 1955, Section 2 -- Nullity of marriage - Wife seeking declaration of marriage as null and void - Wife Hindu and husband Christian at the time of marriage - Marriage performed as per Hindu rites and rituals - Both of them continued to profess their respective religion till filing of petition - To avail remedy under the provisions of Act it is necessary..........
