Showing : 1-10 of 235 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Irretrievable breakdown of marriage - Both the parties living separately from the past 13 years - Neither of them, has filed any application seeking for restitution of conjugal rights - There is no possibility of reunion, as marriage tie between parties has become emotionally dead and same is..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - Petition by husband on grounds of cruelty and desertion - Continuous pleading of wife with husband to get himself transferred and stay with her, does not constitute matrimonial cruelty - Wife stayed with husband only for 10 days after marriage and shifted to Pondicherry due to health..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Petition by wife - Non-examination of witnesses on side of wife would show that she has not taken steps for reunion with husband - Mere filing of petition u/s 9 of the Act is not enough that wife was ready and willing for reunion - It is only after lodging a..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Mohammedan Law, Section 281(2)-- Restitution of conjugal rights - Petition by husband - Husband proved that wife without any lawful cause ceased to cohabit with him - Wife on the other hand failed to prove that husband and his parents have caused cruelty to her - Nothing on record to show that wife has reasonable apprehension..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Withdrawal from society of husband - Mere reason that wife does not like parents or siblings of husband is not a reasonable excuse for withdrawal from society of husband...........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Withdrawal of wife from society of husband on demand of separate residence to avoid members of husband's family is not a reasonable cause, unless it is proved that family members in matrimonial home had treated her with cruelty - There is thus no serious dispute..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental and physical cruelty - Petition by wife - Allegations of demand of dowry, beating, commission of unnatural sex, creating such circumstances that wife was compelled to leave matrimonial home - Compelling circumstances pleaded by wife also proved by her by producing her affidavit -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1A)(ii)-- Divorce - Decree of restitution of conjugal rights in favour of husband - Non-resumption of cohabitation between couple due to failure of wife to abide decree - Decree for restitution of conjugal rights is not executable decree - Wife cannot be compelled to live with husband - Divorce granted to..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Petition by wife - Wife gave birth to child in her parental house as per family tradition - Husband annoyed with wife and her family members that they had not intimated him properly about child and refused to take back wife - However, evidence on record shows that..........

Showing : 1-10 of 235 Results