Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere dismissal of criminal case against husband does not entitle him to get a divorce on that ground only - Court also has to look into other aspects...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties lived together as husband and wife for a period of 12 years in spite of the fact that husband has an extra marital affair with one lady - Wife in her affidavit clearly and categorically stated that she is ready to live with petitioner along with her children to lead happy..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce by mutual consent - Compromise - Both the parties have amicably resolved and settled all pending cases and consideration has also been exchanged between them as per settlement agreement executed before Meditation and conciliation center - Settlement is bona fide and voluntary and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife resided with husband only for a period of two months after marriage - False and frivolous allegations made by wife with regard to character of mother of husband and also initiated criminal proceeding under different statues and one of proceedings culminated acquittal - This..........
Hindu Marriage Act, 1955, Section 13, 19 -- Divorce petition - Jurisdiction of Court - Marriage admittedly took place at Chikkala Village, which falls under the jurisdiction of trial Court and within purview of S.19(i) of the Act - Trial Court directed to receive divorce petition filed by husband and number the same...........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition filed by wife - Petition u/s 9 of the Act filed by husband - Wife had left her marital house as per her own accord, without any pressure or any reasonable sufficient cause, which have been admitted in her cross-examination - Allegations of cruelty, demand of dowry, physical violence as well as her desertion from..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Compelling the wife to discontinue her studies or creating such an atmosphere that she is put in a position not to continue her studies is equivalent to destroy her dreams in the beginning of their marital life and forcing her to live with a person who is neither educated nor eager to improve himself..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Word "has treated" denotes a conscious action on the part of respondents where the act of cruelty is established - It is not necessary to establish that respondent had the requisite intention to commit the act...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
