1Vinita Saxena Vs. Pankaj PanditCoram: RUMA PAL, DR. AR. LAKSHMANAN21/03/2006Hindu Law: Hindu Marriage Act, 1955: Section 13(1)(i-a) and (iii). Divorce-Cruelty and mental disorder-Non-consummation of marriage-Marriage solemnized in 1993-Marriage lasted only for five months but was never consummated as the husband was inAllowing the appeal, the Court HELD: 1.1. It is not in dispute that the marriage has lasted hardly for five months and was never consummated on account of the fact that the respondent was incapable of performing his matrimonial obligations. The apClick here to see Subject, Head Notes, Citation and Judgement
2Naveen Kohli Vs. Neelu KohliCoram: B.N. AGRAWAL, A.K. MATHUR, DALVEER BHANDARI21/03/2006Hindu Law: Hindu Marriage Act, 1955 (as amended by 1976 Amendment): Sections 10 and 13. Irretrievable breakdown of marriage-Ground for divorce-Cruelty in matrimonial cases-Husband filed a petition for divorce alleging that the wife was a bad-teAllowing the appeal, the Court HELD: 1.1. The petition for divorce was filed primarily on the ground of cruelty. Prior to the 1976 amendment in the Hindu Marriage Act, 1955 cruelty was not a ground for claiming divorce under the Hindu Marriage ActClick here to see Subject, Head Notes, Citation and Judgement
3Sanghamitra Ghosh Vs. Kajal Kumar GhoshCoram: G.P. MATHUR, DALVEER BHANDARI20/11/2006Hindu Law: Hindu Marriage Act, 1955; Section 9: Wife tortured by her husband and in-laws-She was driven out of her matrimonial home along with her minor child-Criminal complaint-Filing of a petition by her husband in a District Court for restitDisposing of the petition, the Court HELD: 1. In order to do complete justice in the matrimonial matters, this Court has been less hesitant in exercising its extra-ordinary jurisdiction under Article 142 of the Constitution. In view of peculiarClick here to see Subject, Head Notes, Citation and Judgement
4Rishikesh Sharma Vs. Saroj SharmaCoram: DR. AR. LAKSHMANAN , TARUN CHATTERJEE JJ21/11/2006Hindu Law: Hindu Marriage Act; Section 28: Husband filing petition for dissolution of marriage on ground of mental cruelty and desertion-Dismissed by trial Court-First appeal dismissed by High Court-On appeal, Held: Both the husband and the wifAllowing the appeal, the Court HELD:1.1. In the instant case the marriage is irretrievably broken down with no possibility of the parties living together again. Both the parties have crossed 49 years and living separately and working. 1.2. TherClick here to see Subject, Head Notes, Citation and Judgement
5Sujata Uday Patil Vs. Uday Madhukar PatilCoram: G.P. MATHUR, A.K. MATHUR13/12/2006Hindu Marriage Act, 1955-Sections 13(1) (i-a) and (i-b)-Divorce petition on the ground of cruelty and desertion by wife-Trial Court granting decree of judicial separation-Appellate Courts granting decree of divorce and alimony to the wife and the chiDisposing of the appeal, the Court HELD: 1.1. The findings recorded by the District Judge and also by the High Court are fully born out from the material on record and cannot be faulted with on any ground. Therefore, the decree for divorce hasClick here to see Subject, Head Notes, Citation and Judgement
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