Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife always avoiding company of husband on one pretext or other - Allegations leveled by wife against husband with respect to his illicit relationship, committing marpeet and also demand of dowry by husband are bald allegations, as no evidence and material was placed on record to show..........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation of second marriage is a bald allegation without corroborative materials - No prima facie offence is made out against accused - Criminal proceedings against accused initiated by complainant u/s 494 IPC is nothing but a malicious prosecution with an ulterior motive, which is clear abuse of process of Court -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation against wife are non-specific and only based on the proceedings initiated by wife against husband u/ss 498-A, 494 IPC - Dispute between parties in proceedings u/s 498-A IPC is settled based on compromise and proceedings u/s 494 IPC is stayed - It cannot be said that false..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Evidence on record shows that there has been no intention on the part of wife to desert husband, in as much as on every occasion based on mediation between parties, she has returned back to matrimonial home - Even in present proceedings wife insisting to stay in matrimony with..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband who even after insistence of wife not taking her back in matrimonial home, cannot allege/succeed on the ground of irretrievable breakdown of marriage, even if same is taken as a ground for grant of divorce in the circumstances of case - Divorce petition rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband after having left his service, failed to take responsibility of the family and wife was left to not only suffer the financial burden, but had to struggle to take care of the children and the household responsibilities - Such neglect of husband without any reason, clearly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Levelling of disgusting allegations of unchastity and indecent familiarity with a person outside wedlock and allegations of extra marital relationship, constitute grave assault on the character, honour, reputation, status as well as mental health of the wife - Such scandalous,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Relentless and incessant nature of the volley of allegations made by husband against wife, as initially he had filed a divorce petition against wife on the ground of adultery and cruelty - It is subsequently during the pendency of the proceedings, that divorce on the ground of adultery..........
