Section 13 (1) (ia)

Dastane vs Dastane
 The appellant, Narayan Ganesh Dastane, and
respondent, Sucheta Narayan, married in 1956.
Prior to their marriage, the respondent suffered a
sunstroke affecting her mental condition
temporarily. They had two daughters and lived
together until 1961 when their relationship strained.
During this period, the appellant sought police
protection, and tensions escalated. The respondent
later filed for maintenance, alleging cruelty and
desertion. In 1961, the appellant moved to court
seeking separation, citing fraud in obtaining his
consent, the respondent's unsound mind, and
cruelty.
 The Trial Court granted judicial separation based
on cruelty but rejected fraud and unsoundness
claims. Both parties appealed to the District Court,
which favored the respondent. The appellant's
Second Appeal in the Bombay High Court was
limited to the question of judicial separation on
grounds of cruelty. The High Court upheld the
decision, stating the appellant had condoned cruelty
through continued sexual relations. The appellant's
claim required subsequent acts of cruelty, which
were not proven.
 Section 13 (1) (ib)
Bipin Chandra v. Prabhavati
The Supreme Court emphasizes two
important points about desertion in a
marriage. First, it's not just about
physically leaving; the way it's done
and the intention behind it matter. This
intention can be seen through actions
or other evidence. Second, if one party
wants to end living together and their
actions actually lead to the end of
cohabitation, it is considered an act of
desertion.
Section 13 (1) (ii)- Conversion
Sarla Mudgal v. Union of India
The court extensively addressed the issues
under the Hindu Marriage Act, 1955, asserting
that dissolving a marriage under a new
personal law would harm the rights of the
Hindu spouse. It emphasized that marriages
under the act can only be dissolved as per
Section 13, preventing remarriage until then.
The court deemed an apostate's second
marriage illegal, violating justice and equity.
Additionally, it declared the apostate husband
guilty under Section 494 of the IPC. The court
stressed the need for a Uniform Civil Code to
harmonize diverse personal laws. It directed
the Government to submit an affidavit
detailing steps taken towards implementing a
Uniform Civil Code in India
Section 13 (1) (iii)- Unsound
Mind
Pankaj Mahajan v. Dimple
The court granted a divorce to the
husband because his wife had serious
mental health issues. The wife had a
history of trying to harm herself,
acting strangely, and being
diagnosed with schizophrenia.
Despite various attempts to help
her, including medical treatments,
her condition didn't improve. This
led to problems in their marriage,
with the wife behaving aggressively,
causing physical harm to the
husband, and not taking care of
their child. The court decided in
favor of the husband, stating that
the wife's behavior made it difficult
for them to stay together. The
husband was required to pay Rs. 2
Lakhs as alimony for their daughter
and Rs. 3 Lakhs in a fixed deposit
for future expenses.