Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Husband withdrawn himself from society of his wife - Withdrawal from society is permissible provided there is a reasonable excuse - But in present case, husband failed to show reasonable excuse for the same - Decree of restitution of conjugal rights, rightly passed - Order calls for no interference...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Ex parte proceedings - Non-appearance of one of parties to proceedings or avoiding to participate after having put in appearance, does not preclude Court from considering grounds taken by other party in his or her defence - Even otherwise also, in absence of a rival party in proceedings, Court has to..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Desertion by wife - Merely because wife is residing separately due to her professional engagement, is not a willful desertion or withdrawing from society of husband permanently, particularly when wife is always willing to discharge her matrimonial obligations and more particularly when wife expressed..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Desertion by wife - Wife living separately due to her professional engagement - Husband stated that resignation of job was one of conditions for settlement of marriage and since it is not acceded to, it would be taken as intentional desertion - However, such type of contractual settlement of leaving a..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without..........
Hindu Marriage Act, 1955, Section 5(i), 11, Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 43, Rule 1A -- Setting aside ex-parte proceedings - Marriage declared null and void - Ex-parte proceedings initiated against wife - Wife moved an application for setting aside proceedings prior to ex-parte proceedings culminating into ex-parte decree -..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife suffering from schizophrenia - She has a suicidal tendency and tendency to cause harm even to her daughter - It cannot be said that husband deserted her or without reasonable cause he has withdrawn himself from society of wife - Wife not entitled to decree of restitution of..........
Family Courts Act, 1984, Section 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 23(2) -- Proceedings in camera - Video Conferencing - Reconciliatory measures are to be taken at first instance and emphasis in on efforts for reconciliation failing which court should proceed for adjudication and command on Family Court is to hold it in camera if either party so desires -..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View..........
Family Courts Act, 1984, Section 9, Hindu Marriage Act, 1955, Section 23(2) -- Reconciliation - It is general belief that process of reconciliation requires physical presence of both parties at same place and at same time - Physical presence of both parties together is emphasized since it is perceived that when parties are alone together they are able to strike an..........
