AI Overview...
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Cross-Examination of Spouse - During cross-examination, the spouse may initially deny allegations such as cruelty or extramarital affairs, but subsequent questioning can reveal the truth or strengthen the case for divorce. The credibility of testimony can be affected by how the spouse responds under cross-examination M VS R - Bombay.
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Grounds for Divorce under Section 13(1)(i-a) - Cruelty is a significant ground for divorce under the Hindu Marriage Act, 1955. Allegations of cruelty, whether mental or physical, must be substantiated with concrete evidence, and the court assesses whether such conduct is grave enough to make living together unreasonable Chitra Sachin Mapara VS Sachin Kumar Mapara - Current Civil Cases, J VS J. C. - Delhi, Hemali Bindesh Kelaiya VS Bindesh Jayantilal Kelaiya - Bombay.
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Nature of Cruelty - Cruelty includes mental cruelty which adversely affects the spouse, making cohabitation intolerable. The conduct must be grave and weighty, not just trivial disagreements. The court considers the overall conduct and its impact on the spouse Mitesh Navinbhai Bhatt VS Parul M. Bhatt D/o Chhelshankar Trivedi - Gujarat.
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Evidence and Cross-Examination - Documentary evidence and the manner of cross-examination are crucial in establishing cruelty or other grounds for divorce. Effective cross-examination can reveal the true nature of allegations and influence court decisions M VS R - Bombay, Vidhya Viswanathan VS Kartik Balakrishnan - Supreme Court.
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Court's Approach - The Family Court evaluates the evidence, including cross-examination, to determine whether the grounds for divorce are established. The credibility of witnesses and the nature of conduct are key factors in this assessment Archana Das VS Gautom Ghosh - Gauhati.
Analysis and Conclusion:
Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, cross-examination plays a vital role in family law cases involving allegations of cruelty. Proper cross-examination can either substantiate or weaken claims, impacting the court's decision on divorce. The courts emphasize that cruelty must be grave and adversely affect the spouse's well-being, with evidence and testimony thoroughly examined to ensure justice.
Search Results for "Hindu Marriage Act s 13 Cross Examination of Spouse in Family Law Cases"
2013 0 Supreme(Bom) 2254 • India - Bombay
A.S.OKA, REVATI MOHITE DERE
The Family Court has rightly come to the conclusion that when the appellant was cross-examined on the point, she had initially denied ... HINDU MARRIAGE ACT, 1955 - Section 13(1)(i-a) - Allegation of cruelty. - An unsubstantiated allegation of extra-marital relationship ... ... HINDU MARRIAGE ACT, 1955 - Section 13(1)(i-a) - Expression “cruelty ... That such allegations made in the written statement or suggested in the course of examinatio....
• India - Current Civil Cases
D.DHANUKA
(A) Hindu Marriage Act, 1955—Sections 13 and 23(1)(a)—Divorce—If Court is satisfied that if any of grounds for granting relief exists ... (Para 60) ... (C) Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Cruelty ... (Para 56) ... (B) Hindu Marriage Act, 1955—Sections 13 and 13B—Divorce—Irretrievable ... have told the truth though were subjected to cross examination. ... He submits that in his #....
2013 0 Supreme(Guj) 154 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
Head Note : ... Family Courts Act, 1984 (Central Act 66 of 1984) — Section ... of should be so grave and weighty that spouse affected must not reasonably be expected to live with the other spouse. ... ;Mental cruelty is a course of conduct of one spouse which adversely affects the other spouse — Conduct complained ... —This appeal under Section 19 of the Family Courts Act, 1984 is at the instance of a husband in a Suit for Divorce, ....
2025 Supreme(Online)(Mad) 17553 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
... ... Findings of Court: ... The Family Court allowed divorce on grounds of cruelty and desertion relying on documentary evidence ... (A) Special Marriage Act, 1954 - Sections 10 and 27 - Divorce - Grounds - Cruelty and desertion - Allegation of forced religious ... ... ... Facts of the case: ... The parties married under the Special Marriage Act in 1992 without religious conversion; the wife ... Under Hindu Marriage Act, 1955, conversion of any of the #HL_STAR....
2019 0 Supreme(Del) 2560 • India - Delhi
G.S.SISTANI, JYOTI SINGH
Cruelty - Dissolution of Marriage - Hindu Marriage Act, 1955, Section 13(1)(ia) Fact of the Case: The respondent ... The Family Court allowed the petition and dissolved the marriage. ... filed a petition seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, alleging cruelty by the appellant ... The present appeal has been filed challenging the judgment dated 05.10.2018 passed by the #....
2014 0 Supreme(SC) 700 • India - Supreme Court
SUDHANSU JYOTI MUKHOPADHAYA, PRAFULLA C.PANT
High Court allowed appeal filed by husband under Section 19 of Family Courts Act, 1986 ... (A) Hindu Marriage Act, 1955—Sections 13 (1) (ia) and 26—Divorce—Cruelty by wife—Not ... to pay one-time alimony of Rs.40 Lakhs under Section 25 of Hindu Marriage Act, 1955. ... The relevant portion from her cross-examination is being reproduced below: ... “ …. .. ... On 13.9.2008, the husband filed a petition under Section #....
2014 0 Supreme(Bom) 2530 • India - Bombay
V.L.ACHLIYA, V.K.TAHILRAMANI
Cruelty - Divorce - Hindu Marriage Act, 1955, Section 13(1)(i-a) and Section 13(1)(iii) Fact of the Case: The appellant-wife ... (3) Whether the appellant is entitled to a divorce under Section 13(1)(i-a) and 13(1)(iii) of the Hindu Marriage Act, 1955? ... (1)(iii) of the Act. ... Petition A-182 of 2008 was filed by the appellant before the Family Court claiming decree of divorce on the ground of cruelty and on th....
2013 0 Supreme(Gau) 248 • India - Gauhati
I.A.ANSARI, ANIMA HAZARIKA
Hindu Marriage Act, 1955 - Section 9 and 13(1)(i-a) - Dissolution of marriage - Matrimonial Appeal - Husband ... a decree for restitution of conjugal rights are summarized herein below - Marriage between spouses was solemnizedaccording to Hindu ... rites and rituals - Husband hails from Bengali community whereas respondent wife belongs to Assamese family - Both are employees ... Judge, Family Court, Kamrup, Guwahati in decreeing the....
1965 0 Supreme(Bom) 9 • India - Bombay
RAGHUBAR DAYAL, J.R.MUDHOLKAR, V.RAMASWAMI
party had a spouse living at the time of the marriage. ... Hindu law. ... Section 7 of the Hindu Marriage Act, 1955? ... It was certainly not performed in accordance with the essential requirements for a valid marriage under Hindu law. ... 13. ... A part from these considerations, there is nothing in the Hindu law, as applicable to marriages till the enactment ....
2010 0 Supreme(Bom) 129 • India - Bombay
D.B.BHOSALE, R.Y.GANOO
Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Divorce on ground of cruelty - Family Court dismissed petition for divorce - Appeal ... She has further stated that she used to do all household work with other family members and did her best to keep her in-laws happy ... It is true that the word "cruelty" is not defined and, therefore, it is not possible to say as to when the conduct of other spouse ... It was further admitted in the cross examination....
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