Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Going over to mother's house cannot be construed as an act of desertion - Acts of wife are justified...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Continuous stay of wife in her parents' house after delivery was not considered to be an act of desertion - Acts of wife are justified...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband levied unsubstantiated allegation that wife was in close contact with a male person - However, neither name of said person nor cell phone number had been mentioned in petition and no other details are given - This false allegation would have naturally affected wife who had..........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Every separate living for reason of ordinary wear and tear of married life cannot be considered as ground constituting desertion or cruelty etc...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegations like failure to beget children, ill treatment or cruelty from the end of wife, when seen in the light of husband seeking wife to join matrimonial home creates any amount of clouds and doubt over such allegations and improbabilizes truth thereof - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Non-framing of specific issues - Pleadings to constitute grounds of cruelty and desertion were made in divorce petition and wife could understand the true nature of divorce petition that same has been filed on the grounds of cruelty and desertion and averments of divorce petition were..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Separation of parties for more than 2 years on the date of filing of divorce petition and animus deserendi on the part of wife is well evident - Since in her statements wife clearly denied to return back and categorically deposed that she does not wish to live with her husband and is not interested for..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere living separately for considerable period of time may not amount to desertion - What is important to be proved is animus for separate living attributable on party/spouse living apart...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Mere accusation of relationship with some other person itself is a mental cruelty and perhaps is the reasonable cause for wife to live apart...........
