Hindu Marriage Act, 1955, Section 9 -- `Reasonable excuse' - It is a question of fact and each case is to be considered independently to the facts and circumstances of the case...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband contended that wife withdrawn herself from his society without reasonable cause - Onus to proof lies upon husband - However, husband failed to discharge the same - Non-appearance of wife as a witness in support of her case would not be of any disadvantage to her..........
Hindu Marriage Act, 1955, Section 13, 9 -- Decree of divorce and dismissal of petition for restitution of conjugal rights - Appeal thereagainst - Consent order was passed pursuant to mediation between parties - Husband not interested in pursuing appeal subject to condition that criminal case filed by wife against him is quashed - Continuation of criminal proceedings would..........
Hindu Marriage Act, 1955, Section 9 -- Decree of restitution of conjugal rights - Non-compliance of decree by husband - Not a wrong within meaning of S.23(1)(a) of the Act - Does not disentitle husband to obtain divorce u/s 13(1A)(ii) of the Act...........
Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Divorce - Failure of wife to abide by decree of restitution of conjugal rights - Divorce granted...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife left the matrimonial home without any excuse - Concern for her father who may have been left with no source of income though appreciable but cannot be construed as reasonable excuse to leave matrimonial home - Wife lived for 10 long years without any protest or complaining to her family members..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Decree - Enforces cohabitation but it does not and cannot enforce sexual intercourse - Apprehension in the mind of wife that if decree is executed she will be forced to have cohabitation with her husband, is a mistaken fact...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Seeking a decree for restitution of conjugal rights or filing execution is not to force the wife to resume cohabitation but with an objective to be achieved u/s 13 of the Act which enables a party to seek divorce if a decree for restitution of conjugal rights is disobeyed...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Appeal by wife against decree passed in favour of husband - Wife under apprehension that in execution of decree she may not be forced to resume cohabitation - Marriage between parties not consummated though they lived together as husband and wife for 10 years - Parties are now aged about 60 years -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce - Mental cruelty - Restitution of conjugal rights - Accusation of adulterous relations between husband and jethani, has disastrous effect on husband to the extent that he has to leave his village and has to settle in Rajasthan to save matrimonial life of his own brother - Such type of aspersion has deleterious..........
