Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce - Cruelty - Condonation of cruelty - Mere giving proposals and counter proposals for the purpose of restoration of matrimony, which resulted in nothing, cannot be termed as condonation of established cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Unilateral refusal to have sexual intercourse for considerable period without any physical incapacity or valid reason can amount to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife always ready and willing to live with husband alongwith two children - It is husband who is running away from matrimonial home without discharging his duty and responsibility as a husband - Husband has not even included the name of wife and children in the Service Register so as..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Where a case of desertion is somewhat linked with allegation of cruelty and the moment the case of cruelty falls, desertion shall face the same consequences...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Plea of financial insecurity taken by wife - However, wife has not come forward with any kind of allegation that husband does not have any income - Wife has not pleaded anywhere nor deposed on the plea of financial instability - Court shall not permit counsel to make out a case which is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Neither in the application nor in her evidence wife pleaded incident of physical cruelty except that husband did not take care of her when she was admitted in hospital - Nothing can be seen from the evidence of daughter of parties nor even an incident is ever disclosed from which it can..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making of serious and unsubstantiated allegations by wife against husband regarding illicit relationship, dowry harassment and sexual exploitation by brother of husband, clearly shows vindictive nature of wife and amounts to extreme cruelty towards husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of criminal complaint per se cannot amount to cruelty, however such grave and indecent allegations of cruelty should be substantiated during divorce proceedings...........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce petition - Territorial jurisdiction - Term `residing' denotes more than a causal visit to a place falling within territorial jurisdiction of Court where a divorce proceeding may be instituted...........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce petition - Jurisdiction - Wife continuing to reside in Australia though under force of circumstances, it has to be maintained in law that she is not residing within the territorial jurisdiction of Court at place `M' - Dismissal of petition for lack of jurisdiction, upheld...........
