Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not return to matrimonial home despite husband going to bring her back with his brother and mother, despite notice requisitioning the wife to rejoin husband and despite petition u/s 9 of Hindu Marriage Act being filed by husband - She could not justify not returning to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed unsubstantiated criminal complaint against husband and his family members which caused them immense mental cruelty and agony - She made several contradictory and unsubstantiated allegations in her written statements, complaint before CAW cell alleging dowry demand and her..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Husband and wife living separately since 2011 - Efforts were made to resolve the matrimonial dispute through process of mediation, but mediation failed between parties - Marriage between parties had broken down irretrievably and there is no chance of their coming together or living together again..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties have been living separately for last more than 20 years and their children have now completed their studies and settled abroad - Marriage between parties is virtually dead - Material evidence available on record would go to show that they have been fighting against each..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Assassination of character amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Assassination of character of husband of having illicit relations with another lady, not proved - Amounts to cruelty - Divorce rightly granted to husband...........
