Court : Himachal Pradesh
Reported in : AIR2002HP16
..... respondent-wife filed a petition for dissolution of marriage by a decree of divorce under section 13 (1) (i-a) of the hindu marriage act, 1955. ..... a learned judge of that court held that irretrievable break down is not a ground for dissolution of marriage recognised by law, therefore, high court was not empowered to grant such decree. 22. ..... in the circumstances of this case, when it was felt by the court that the marriage had irretrievably broken down this fact appears to have been taken as an additional circumstance keeping in view the over all facts while coming to the conclusion that matrimonial cruelty under section 13 (l)(i-a) of the act can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party ..... so far plea that irretriveable break down is not ground for the dissolution of a marriage is concerned, we may observe that it does not find place in the statute book, still the supreme court has taken it as an additional reason where a ground in law wasmade out, as is evident from the decisions (supra). 38. ..... since the husband did not acknowledge the factum of divorce, therefore she was forced to file this petition for dissolution of marriage by a decree of divorce on the ground of cruelty. 5. ..... we are concerned with a matrimonial conduct which constitutes cruelty as a ground for dissolution of marriage. ..... 40,000/- was received by him which was black money meant for being converted into white money. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1998)DMC720
..... why the necessity of converting the original petition under section 13 of the act for dissolution of the marriage on the ground of cruelty into a petition for divorce by ..... 9-s/3 of 1990 dated 28.6.1993 whereby the petition for dissolution of marriage by a decree of divorce filed under section 13(l)(i-a) of the hindu marriage act, 1955 (hereinafter referred to as the 'act') by the appellant (hereinafter referred to as the 'husband') against the respondent (hereinafter referred to as the 'wife') on the ground other having ..... the matter came up before this court on a number of occasions and attempts were made from time to time for re-conciliation as a duty is enjoined upon the court under section 23 of the act, but unfortunately for some reason or the other the appellant was not in a position to attend that court although it was assured by his learned counsel, who appeared for ..... further additional evidence that was sought to be produced by the husband before this court by way of additional evidence, leads to only one and irresistible conclusion that the marriage between the parties has broken down irretrievably, and it is neither in their interest nor in the interest of the minor daughter, who is residing with the wife. ..... applications are being dealt with and the husband is permitted to carry out the proposed amendments and accordingly petition under section 13-b(1) of the act is ordered to be taken on record in place of the petition as originally filed before the trial court by ..... titled .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1998HP32
..... incidently, it may be worth while to mention here that attempts were made for reconciliation and when those failed, then the parties at one stage had agreed for settling the matter mutually and seek dissolution of their marriage by mutual divorce under section 13-b of the hindu marriage act, 1955 as well as for converting the present proceedings under the said provisions of the act. ..... submissions urged on behalf of the wife and further pointed out that there is no reason to doubt much less disbelieve the statement of husband who has appeared as rw-1 and has given vivid details regarding the consummation of marriage between the parties and performance of coitus during the period the parties lived together before the wife left with her brother for her parental house. ..... it was further pleaded by the husband that the husband of the elder sister of the wife did not like this marriage and this was an attempt on his part to break the marriage of the parties and the marriage was slated to have been consummated and while leaving the house of the husband the wife had taken all the ornaments and clothes to her own house.4. ..... when a reference is made to the statements of pw-1 wife, pw-4 doctor and rw-1 husband, we find that the evidence on record falls short to record a confirmed finding that the husband was in fact impotent as alleged by the wife. .....
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