Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - A visit made by a woman to pay her last respect to her maternal grand-mother, cannot be said to be an act of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Parties lived together for 14 years till wife left to attend the funeral ceremonies of her grandmother - After that she was not permitted to enter the matrimonial house - Husband issued a notice to wife to agree for mutual divorce, on payment of Rs.2,00,000/- - Wife intends to live with..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Only allegation that wife was of dull mind and never co-operated in cooking food - Not sufficient grounds for divorce - Mental disorder alleged has to be of such kind that it cannot be reasonably expected to live with spouse - Cruelty by wife not established - Petition filed by husband, dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife was driven out of matrimonial home after birth of female child - Held, even if wife left matrimonial home it shall not amount to desertion because she did not do so without reasonable cause - Husband failed to prove desertion - Divorce not granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground of marriage by deceit and force at the point of pistol - No criminal complaint lodged - No pleading or evidence that family members of husband were not present during marriage or that guests during marriage ceremony were extremely limited or that it were the relatives of wife alone who were..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife filing criminal complaint against her husband & in laws alleging dowry harassment - No evidence to prove that complaint was false - It will not be taken as proof of cruelty or harassment on her part - Petition filed by husband dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Attempt to commit suicide by wife - Mere admission by wife that she made an attempt to commit suicide and was saved by her parents, itself will not be enough to come to conclusion that she was guilty of committing cruelty on her husband - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband seeking divorce on ground that his wife became suspicious and was giving sexual tortures - But, what was the nature of suspicion and in what aspects wife suspected him, was not stated either in petition or in his proof affidavit - There were only bald statements without necessary particulars & proof..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of desertion introduced by way of amendment of petition - Amendment will not relate back to the date of filing of petition - Ground of desertion will become available from the date of grant of amendment...........
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...........
