Hindu Marriage Act, 1955, Section 13, 23 -- Divorce petition by husband - Husband not only cruel to wife but also brought the situation to the point where wife had no option but to leave her matrimonial home - Husband thus committed constructive desertion of the wife - Husband was trying to take advantage of his own wrong - Dismissal of petition calls for no interference...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Husband filed petition for divorce - Wife filed petition u/s 9 for restitution of conjugal rights - If Court is not inclined to grant decree of divorce, the petition for restitution of conjugal rights be allowed straightaway...........
Hindu Marriage Act, 1955, Section 13(v) -- Divorce - Venereal disease - HIV - Venereal disease as stated in S.13(v) of the Act, 1955 means a communicable infection transmitted by sexual intercourse - HIV positive is also a disease transmitted through sex - In the year 1955, HIV was not heard of and therefore, that was not named in the Act, as one of the grounds - But..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband on ground of cruelty - Vague and general allegations against behaviour of a spouse - May be uneasy for the other, but it may not amount to cruelty in law for passing a decree of divorce - Husband not entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Ex parte decree in favour of wife - Appeal against by husband - Endeavour of husband to harass the wife - Wife proved on record that husband had time and again raised demands of dowry - On failure of wife to meet the demands she was given a beating on many occasions - Husband first gave his consent for mutual divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband requiring wife to return `Mangalasutra' - There cannot be a better instance of cruelty towards her - Even when relations are strained, `Mangalasutra' remains on the neck of woman spouse, as a sacred bond - It shows disrespect to the marriage and proves acts of cruelty towards wife...........
Special Marriage Act, 1954, Section 15, Hindu Marriage Act, 1955, Section 5 -- Registration of marriage - On the date of marriage one of the parties not of marriageable age - Marriage has to be registered if parties complete the age of 21 years at the time of registration of marriage and satisfy all other requirements of law...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - If the party who is seeking such a relief itself has created a situation for the other spouse to leave the matrimonial home, the matter needs a close scrutiny...........
DNA Test -- Result of D.N.A. test is not conclusive proof of factum of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Includes both physical and mental - Unlike a physical cruelty, mental cruelty is difficult to establish by direct evidence - It is a matter of inference to be drawn from the cumulative effect of facts and circumstances of each case and not from an isolated instance - Cruelty contemplated is conduct of such..........
