Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife duly explained the circumstances in her affidavit to show how she was always harassed, humiliated, tortured and even beaten by her husband - She was compelled to leave matrimonial home at the advance stage of pregnancy - Husband never visited parental house of wife to bring her..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Ill founded and baseless allegation of adultery - Unsubstantiated allegation by wife that mother and other relatives of husband insisted that `N' widowed bhabhi of husband, should be taken as second wife of husband without leading any evidence to that effect, amounts to character..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Pre-requisites includes - (a) Factum of separation (b) Intention to bring cohabitation permanently to an end (c) Absence of consent (d) Conduct giving reasonable cause to spouse leaving matrimonial home to form necessary intention...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion by wife - Evidence on record establishes two acts of cruelty by wife; first leveling false allegations of adultery and the second allegation of harassing wife on account of dowry demand - More so, reason to withdraw from consortium as projected by wife is also false - Even otherwise,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Mental cruelty - Desertion - Wife leaving house early in morning and returning late evening - Wife denied leaving house without informing her husband to visit Vaishno Devi but proved and admitted in Guardianship Petition that she went to Vaishno Devi without informing her husband - Admission by wife that..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No evidence on record that wife was driven out by husband due to no, compliance of dowry demand - Criminal complaint filed by wife u/s 498-A IPC against husband ended in acquittal - Moreover, wife did not issue any legal notice to husband that she is willing to join him - Even during pendency of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the matrimonial home without any reasonable cause - Husband waited for five years and filed the divorce in 2011 - Wife left the matrimonial home with animus deserendi, as she refused to join the husband - Desertion on the part of wife proved - Divorce rightly granted to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the matrimonial home when husband and his family confronted the wife who threatened to commit suicide and also tried to execute it by consuming phenyl - She even not spared her daughter and left her, who was four years old at the relevant time and is being brought up by..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Mere living of spouse separately by itself shall not constitute desertion - More so, spouse who seeks divorce on ground of desertion will have to prove animus deserenti on part of other spouse by leading cogent evidence of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife had no intention to desert husband particularly, when evidence shows that it was husband who had left her and the child in the rented accommodation where he stayed with them only for 2-3 days - Divorce petition rightly dismissed...........
