Dissolution of Marriage -- Husband Questioning Paternity of Child -- Amounts to mental cruelty on wife
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Dissolution of Marriage -- Husband Questioning Paternity of Child -- Amounts to mental cruelty on the wife and affects her honour and self-respect. Neglect of wife before and after childbirth, coupled with such conduct, sustains a finding of continuous cruelty and supports dissolution of marriage. (ii) Hindu Marriage Act, 1955, S.9 -- Restitution of Conjugal Rights -- Neglect of Wife by Husband -- Cannot be granted where the husband has neglected the wife before and after birth of the child. Continued neglect removes the trust necessary for restitution of conjugal rights. (iii) Hindu Marriage Act, 1955, S.27 -- Return of Articles -- Failure of Husband to Specifically Deny Claim -- Raises a presumption in favour of the wife. Circumstances in which the wife left the matrimonial home in mental distress make it improbable that she carried her articles with her.
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