Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately for last 25 years - Wife categorically stated that she had no intention to reside with husband - Reasons stated by wife for living separately not substantiated by wife - Since wife has turned down offer made by husband for restitution of conjugal rights..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-resumption of conjugal life with husband by wife - Merely because wife did not formally pray for restitution of conjugal rights before a Court of law, it cannot be inferred that she had no intention of resuming conjugal life with husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband contended that wife refused to cooperate with him in conjugal life and unwilling to live in her matrimonial home - However, wife was all throughout ready and willing to reconcile with husband and return to her matrimonial home - Even, despite all efforts made by wife to return to her..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself deserted wife by taking her from matrimonial home to her parental home - Divorce petition filed by husband only after filing of a petition for restitution of conjugal rights by wife - Husband thus, not entitled to decree of divorce on the ground of desertion...........
Hindu Marriage Act, 1955, Section 9, Evidence Act, 1872, Section 101, 102 -- Restitution of conjugal rights - Petition by wife - Burden of proof - Husband has withdrawn from society of wife, hence burden of proving reasonable excuse was on him...........
Hindu Marriage Act, 1955, Section 9, Evidence Act, 1872, Section 101, 102 -- Restitution of conjugal rights - Petition by wife - Burden to prove is on wife to prove that she is legally wedded wife and husband has deserted her...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife proved her marriage with husband - She thus, discharged the initial burden - Though husband denied the marriage, but he failed to discharge liability of burden of proof upon him - Mere denial of marriage in written statement becomes meaningless without any evidence being adduced..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition for restitution of conjugal rights - Wife sought transfer of petition from Visakhapatnam to Vijayanagaram - Husband is a resident of Visakhapatnam, whereas, wife has to go to Visakhapatnam all the way from Vijayanagaram leaving her children under care of her parents - Even..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Husband and wife are not residing together for more than 20 years - In spite of decree for restitution of conjugal rights, wife has not started cohabitation with husband, rather wife herself has kept away from company of husband for more than 20 years - Decree of divorce rightly granted in favour of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Where Family Court after considering the evidence on record reached a conclusion that marriage between parties has irretrievably broken, Court rightly declined to pass a decree for restitution of conjugal rights - Application rightly dismissed...........
