Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage is not available as a statutory ground to dissolve a Hindu marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife assaulted her mother-in-law - However, factum of grievous injuries suffered by mother-in-law on being assaulted by sharp edged weapon was not proven to any extent - What may have occurred may therefore, continue to be described as a family squabble which may never..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce by mutual consent - Impleadment of a stranger - A stranger to a matrimonial discord can never resist its resolution through dissolution on mutual consent...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Once arrest of parents of a spouse is caused on false allegations or allegations found to be false in the course of a criminal trial, no further or strict proof of cruelty may be prescribed or applied by Courts...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Once the cruel act was committed, in the context of educational and social background of parties, it could never be resisted that husband was meted out most cruel behaviour in which he may have reasonably felt unsafe to cohabit with wife...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Merely because parties may have remained separated for reason of their separate jobs, the fact occurrence of desertion may never be sustained on the strength of such vocational/employment compulsion faced by the parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence appears to have been led to establish that institution of criminal cases by wife was false or that no such occurrence had taken place, as both cases are disclosed to be pending - Element of cruelty alleged was not established by husband - However, wife was able to lead..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation, non-cohabitation and complete breakdown of all meaningful bonds and existing bitterness between husband and wife has to be treated as cruelty u/s 13(1)(ia) of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is not ready to live with husband - Admittedly, both the parties are living separately from 2010 onwards - Trial Court failed to consider the aspect of making threats to commit suicide and by giving false complaint against husband and also failed to consider the long separation of..........
