Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife has every desire to resume cohabitation, however, husband is not allowing - Husband had knowledge about alleged divorce yet he performed marriage with wife, cohabited for about 7 years with her and now for reason which could have been available to him about six years earlier, he..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of divorce petition by wife though later on withdrawn on the pretext that it was filed mistakenly by her counsel instead of a petition for restitution of conjugal rights, shows that she was not interested to live with husband, particularly when wife never filed a petition for restitution..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Decree of divorce in favour of husband and dismissal of application for restitution of conjugal rights - Appeal by wife - Husband alleges that wife used to abuse his mother and grandmother and did not want to do household work - However, no evidence produced by husband to substantiate such allegations - No criminal action..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Pleadings and evidence on record confirms that husband has examined only himself and his mother as witnesses regarding incidents of cruelty - No independent witness such as neigbour or house servant examined in case to drive home allegation of cruelty and desertion - Husband never filed any petition u/s 9..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife being permanent govt. employee living at a place other than the place where husband is living - It does not amount to neglect of her matrimonial obligations - Withdrawal of wife from the society of husband cannot be said to be intentional - Husband cannot be said to be a wronged party - Decree of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - No evidence led by husband that a decree of conjugal rights could be passed in his favour yet trial Court proceeded to grant a decree for restitution of conjugal rights - Even issues were not framed, which assumes significance especially when wife had not even admitted claim of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Conduct of husband towards wife is inhuman and she has been ousted from her matrimonial home deliberately by husband - Husband himself given statement before State Commission of women that he shall not keep wife with him - More so, inspite of fact that a decree of restitution of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Attempt to commit suicide by wife - Wife was convicted for attempt to commit suicide against which appeal is still pending - If she acted in such manner and not given any reasons for the same, then in case father of husband states that they will not take wife for cohabitation, then..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Suppression of settlement deed by wife - Vague allegations were made against husband by wife - No specific incident quoted by wife - Criminal cases were filed against husband which are still going on - Twice the settlement arrived at between parties, but it was not acted upon by wife..........
