Showing : 21-30 of 83 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Merely because wife did not choose to file petition for restitution of conjugal right, she cannot be held guilty of desertion - As petition u/s 9 of Hindu Marriage Act is not a precursor to any proceedings or defence available to parties under the Act - It is a right..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Wife residing at her parental home along with her two minor children as she was turned out of matrimonial home - Husband not inclined to rehabilitate her and was also not bothered about maintenance and life of children - Husband willfully deserted wife without any reasonable..........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Husband nowhere stated in his evidence as to when wife deserted him - Merely because wife stayed away to complete her studies cannot be said that she had deserted husband - Rather, evidence shows that husband had no accommodation and he is staying with his relatives and even..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Alleged incidents of desertion are prior to filing of petition and husband sought decree for restitution of conjugal rights consequently condoning lapses on part of wife - Moreover, prayer for decree of divorce on ground of separation for more than two years was sought by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Wife is living separately since 1994 and this long separation has irretrievably broken down the marriage - Though living separately can itself be no ground of presuming desertion but factum of separation coupled with intention to bring cohabitation permanently to an end are..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - Petition by husband on ground of cruelty and desertion - Plea that wife deserted him and started living with her parents for no reason - Plea of wife that she was beaten and turned out from matrimonial home - Husband miserably failed to prove desertion and cruelty against wife - On the..........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Words `not less than two years' - Suggests that this is the minimum requirement for presentation of petition on the ground of desertion but no maximum period has been laid down within which petition must be presented - It is for the deserted spouse to determine the period..........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib), 23-- Divorce - Desertion - Delay in filing petition - There was no unnecessary and improper delay by wife in filing petition for divorce - Wife conclusively established the ground of desertion through her evidence which is unrebutted on record - Family Court committed error by concluding that in view..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib)-- Divorce sought on the ground of desertion - Desertion not proved - Petition also contained allegations of mental cruelty, but decree not sought on ground of cruelty - Divorce granted on ground of mental cruelty which was perceptible from material on record by invoking powers u/art. 142 of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Continuous desertion for a period of not less than two years - Petition filed in the year 2001 - In between husband lived with wife for two days - No definite conclusion can be reached that wife deserted husband with intention to bring matrimonial relationship to an end and..........

Showing : 21-30 of 83 Results