Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife exhibited her wickedness by subjecting husband who is daily wage labourer, to repeated criminal cases and her vileness by compromising after receiving substantial sum of Rs.3 lakhs from husband - Act of wife in filing divorce petition and withdrawing same..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife frequently visited her parent's house without any information to i, laws or husband - Incident of fleeing away at the time when father of husband was hospitalized due to heart attack, without consent of husband, shows that she never wanted to join her husband - Wife lived for a..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Sufficient and satisfactory evidence was not led by husband to prove ground of cruelty - Wife has not left the matrimonial home on her own volition - Even wife is willing to join the company of her husband but he does not want to join her company - Grounds of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion is withdrawal not from place but from state of things...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - It is a continuing offence - Element of permanence necessarily involved requires that both separation and animus deserendi shall continue during entire statutory period of 2 years immediately preceding presentation of petition...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Essence of desertion is forsaking and abandonment of one spouse by other without reasonable cause and without consent or agonist the wish of the other...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Divorce petition filed after 18 years of marriage - Wife forced to leave matrimonial home due to behavior of husband - No efforts made by husband to bring her back - It was the husband who deserted wife - Husband miserably failed to prove that wife caused any..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Not a withdrawal from place, but from a state of things - It is the repudiation by one of all obligations of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Filing of divorce petition by husband within two days of leaving matrimonial home by wife shows the hollowness in his claim of making sincere efforts to bring her back...........