Showing : 21-30 of 87 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - On the ground of cruelty and desertion - Petition filed by husband - Initially wife registered a false criminal complaint against the husband and his parents on account of demand for dowry - Allegation that wife had been quarreling with him and his family member on trivial matter - Wife..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Wife living separately from her husband without any sufficient cause for a period of more than 2 years before filing the present petition - Husband also filed petition for restitution of conjugal rights but later on withdrawn the same as wife bluntly refused to accompany him..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Evidence though suggests separation but does not suggest animus i.e intention of desertion on the part of wife - Mere separation does not amount to desertion - Evidence of wife appears to be more cogent and reliable then husband as she lead more convincing evidence of her..........
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), 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..........

Showing : 21-30 of 87 Results