Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree against wife - Death of husband - Exparte divorce decree set aside - Proceedings would obviously stand abated as the right to sue does not survive to the heirs of the deceased husband...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree of divorce in favour of husband - Husband died thereafter- Wife coming to know of exparte decree, applied for setting aside the same - Held, wife is competent to maintain the application U.O.9.R. 13 CPC...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition by husband - Wife developing masculine features of growth of beard and moustache - Not by itself a ground for divorce - Such growth noticed after marriage - It is a hormonal defect which is medically curable - Plea of fraud in marriage not substantiated - Marriage fixed only after husband had interview with wife in a..........
Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Cruelty - Wife living with parents - She left her minor children in the custody of her husband - Husband driver by profession who has to be out on duty and some times he has to be on duty day and night - Act of wife amounts to mental cruelty as well as physical cruelty to husband...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Cruelty - Daughters living with father - Wife not applied for the custody of children - This is an additional physical and mental cruelty to him...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition by husband on account of desertion by wife and mental cruelty - Wife in service before marriage at a different place - Fact of service and place of posting was known to husband before marriage - Wife, visiting husband when she got leave - Wife financially supported her old mother and handicapped brother - Case of..........
Hindu Marriage Act, 1955, Section 13(1)(2) -- Adultery - Proof - Direct evidence can hardly be adduced - Circumstantial evidence must be sufficiently strong and conclusive -Husband levelling allegations of adultery against wife and stated that he himself saw his wife in compromising position with named persons on two occasions and made complaint to her parents on which..........
Hindu Marriage Act, 1955, Section 13(1A)(i) -- Divorce petition by husband on ground of desertion and cruelty - However, decree for judicial separation passed - Husband thereafter seeking dissolution of marriage on the ground that there was no cohabitation after decree for judicial separation was passed - Wife alleging that the parties came together on certain occasions..........
Hindu Marriage Act, 1955, Section 13, 28 -- Death of husband during pendency of appeal filed by wife against decree of divorce granted in favour of husband -Wife is entitled to continue the appeal to be decided on merits...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - There is not strait jacket formula of cruelty - Sometime even a gesture, an angry look, a sugar quoted joke, an ironic over-look may be more cruel than even actual beating - Some of these as decided in different decided cases are (1) Day to day behaviour which disturbs the mental peace and harmony (2) Denial of sex..........
