Whether the Burden of Proof of Cruelty lies on the petitioner or not?
Whether on facts of the case the respondent-wife committed cruelty on the husband justifying a decree for judicial separation.
Whether condonation of cruelty as a defense under Section 23(1)(b) must be pleaded to be considered?
Section 12(1)(c) , Section 10(1) and Section 13(1)(iii) of Hindu Marriage Act, 1955
Whether the respondent treated the plaintiff cruelly on the basis that she registered various criminal and civil cases, hurled abuses, behaved in an objectionable manner, and made multiple false accusations against him?
Whether the respondent’s behavior substantiates a ground for divorce under Section 13(1)(i)(a)?
To constitute cruelty, the conduct complained of should be "grave and weighty" so as to come to the conclusion that the petitioner spouse cannot be reasonably expected to live with the other spouse. It must be something more serious than "ordinary wear and tear of married life". The conduct taking into consideration the circumstances and background has to be examined to reach the conclusion whether the conduct complained of amounts to cruelty in the matrimonial law.
Whether the plaintiff's claim for judicial separation under the pretext of desertion by the respondent can be allowed?
Desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. It is a total repudiation of the obligations of marriage.
Permanence is one of the essential elements. If a spouse abandons the other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion.
For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end.
Whether the defendant has treated the petitioner with cruelty and the effect of such cruelty?
Whether such cruelty and desertion can amount to valid ground for dissolution of marriage?
Whether the defendant is entitled to any relief? If so, its effect?
Section 13 of the Hindu marriage Act deals with cruelty under which, Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury, or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental.
"Desertion", for the purpose of seeking divorce under the Act, means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause.
Whether non-compliance with restitution of conjugal rights constitutes taking advantage of one's own wrong under section 23 of the Hindu Marriage Act?
In order to be a 'wrong' within the meaning of Section 23(1)(a) the conduct alleged has to be something more than a mere disinclination to agree to an offer of reunion, it must be misconduct serious enough to justify denial of the relief to which the husband or the wife is otherwise entitled.
Whether the appellant is entitled to a decree for divorce under Section 13(1A)(ii) read with Section 23(1) of the Hindu Marriage Act?
Section 13(1A)(ii) – Divorce
Either party to a marriage, whether solemnised before or after the commencement of this act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground –
(ii) that there has been no restitution of
conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
Whether the husband who has filed a petition seeking dissolution of the marriage by a decree of divorce under section 13(1-A)(i) of the Hindu Marriage Act, 1955 can be declined relief on the ground that he has failed to pay maintenance to his wife and daughter despite order of the Court?
Section 10 read with Section 23(1)(a).
Section 13(1-A) of the Hindu Marriage Act.