Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation with regard to wife not permitting him to meet his parents and friends and regarding misbehaviour with him in front of his friend and hospital staff and also having lodged frivolous complaints against husband, alone is not sufficient to grant a decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegations that wife was quarreling with husband without any reason are not sufficient to form any opinion that husband is undergoing acute mental pain, agony, suffering, disappointment and frustration and therefore it is not possible for him to live in the company of wife - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegations of husband that he was beaten by wife and he sustained injuries on 29.5.2016 - However, though number of cases have been lodged by husband against his wife but husband has not lodged any complaint/F.I.R. in regard to the incident alleged to have been occurred on..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Res judicata - Divorce proceedings - Second divorce petition is based on subsequent and fresh cause of action relating to infliction of cruelty and desertion on a subsequent date - Cause of action pleaded in second divorce petition was different than in earlier suit - Second divorce petition is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Forcing wife to leave the job and live as per wish and style of husband amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Petition by wife - Mere filing of petition u/s 9 of the Act by husband cannot mar rights of wife under the law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband compelled wife to leave the job and stay with him - She filed divorce petition - However, before that since there was compatibility issue, therefore, she issued notice to husband requesting for mutual divorce - Husband never wanted that wife should get divorce which itself amounts..........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Once the relationship between the two reached of irretrievable breakdown, marked with desertion, more than 5 years, then compelling the couple to live together will not serve much purpose by giving decree of judicial separation - Survival of marriage for 19 years does not mean that all things were good between..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation and divorce - Difference - (i) Concept of Judicial Separation rests upon the consent and circumstances of couple and hope of survival of their relation while the divorce is the decree which is based upon the allegations and counter allegations of parties in lis; (ii) Judicial separation is a mechanism whereby..........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Decree of judicial separation can be passed only if either party agreed to - Court cannot bound the parties to cohabit with each other without their will or any application/petition filed in that behalf...........
