Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife went to her parental home in pursuit of some custom but when husband went to take her back she refused on the ground that she was not happy with marriage - No evidence on record that wife was subjected to torture for demand of dowry as alleged by wife - Wife deserted husband..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Daughter of parties PW2 categorically deposed that her mother/wife is not residing in matrimonial home with her father/husband - She withstood the cross-examination and there is no reason to disbelieve evidence of PW2 to depose falsely against her mother - More so, wife admitted in..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Wife left matrimonial home on account of cruelty inflicted upon her by husband by making three complaints - Non-filing of petition for restitution of conjugal rights by wife cannot be made a ground to give finding that husband had not deserted wife - Husband had also not made attempts..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately since 1998 - Marriage has irretrievably broken down and thus, like a deadwood for all purposes and cannot be revived - Divorce rightly granted on the ground of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife withdrawn from the society of husband without any reasonable cause - No cogent and reliable evidence led by wife which may show that husband has withdrawn himself from company of wife without any sufficient reason or cause - Rather, it is wife who deserted husband for a..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not return to matrimonial home despite husband going to bring her back with his brother and mother, despite notice requisitioning the wife to rejoin husband and despite petition u/s 9 of Hindu Marriage Act being filed by husband - She could not justify not returning to..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties have been living separately for last more than 20 years and their children have now completed their studies and settled abroad - Marriage between parties is virtually dead - Material evidence available on record would go to show that they have been fighting against each..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife admitted that she is residing separately for last about 8 years and during this period they have no relations - She had never complained against her husband for not taking her back and she has also not filed petition for restitution of conjugal rights - No intention on the part of wife to resume..........
