Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal of wife from society of husband on demand of separate residence to avoid members of husband's family is not a reasonable cause, unless it is proved that family members in matrimonial home had treated her with cruelty - There is thus no serious dispute between husband and wife - Petition..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental and physical cruelty - Petition by wife - Allegations of demand of dowry, beating, commission of unnatural sex, creating such circumstances that wife was compelled to leave matrimonial home - Compelling circumstances pleaded by wife also proved by her by producing her affidavit - Merely because husband filed a..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree of restitution of conjugal rights in favour of husband - Non-resumption of cohabitation between couple due to failure of wife to abide decree - Decree for restitution of conjugal rights is not executable decree - Wife cannot be compelled to live with husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 9 -- Application for restitution of conjugal rights by husband - Dismissal of application by trial Court - Husband himself ousted wife from his house without any just and proper reason - Neither husband made any attempt to get back his wife or his daughter to matrimonial home nor paid any amount of maintenance to them - Even, husband made..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife gave birth to child in her parental house as per family tradition - Husband annoyed with wife and her family members that they had not intimated him properly about child and refused to take back wife - However, evidence on record shows that parents of wife informed husband about..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Husband never attempted to provide shelter, maintenance charges or medical expenditure to his wife and son - He made baseless questions with regard to paternity of his own son to save himself from ability to maintain his own child - This conduct of husband cannot be ignored which..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Transcripts of conversation between husband and wife filed by husband - It appears from transcripts that husband tactfully wants to implicate his wife for defaults and on the other hand he tried to save himself - Conversation also indicate that wife wants to ignore their past..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband disputing paternity of child - Husband suspecting character of wife and paternity of their child - However, no substance found in such baseless allegations because child was born when couple was residing together and when marriage between couple was in subsistence and child is..........
Hindu Marriage Act, 1955, Section 9, 5(ii)(b) -- Petition by husband for annulment of marriage - Wife seeking restitution of conjugal rights - Husband failed to establish any of the grounds mentioned u/s 12 of the Act - Main ground on which husband refused to take wife was that she was suffering from schizoid and that the same made her incapable of performing conjugal..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Husband residing separately from wife allegedly due to her mental disorder and physical and mental cruel acts - However, incident stated by husband are normal wear and tear of married life which can be repaired - Moreover, two children were born from wedlock with husband after..........
