Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Mere living of spouse separately by itself shall not constitute desertion - More so, spouse who seeks divorce on ground of desertion will have to prove animus deserenti on part of other spouse by leading cogent evidence of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left matrimonial home during her second pregnancy to see her ailing father with consent and knowledge of husband - Wife did not left with intention to bring cohabitation to an end - However, records shows that husband never wanted his wife to be back and did not even bother to..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife living separately in her independent house acquired by her in her own name with her daughter, providing free access to husband to visit them - Neither wife living with her parents nor with her i, laws - Husband admitted his visiting wife and cohabited till..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself decide not to visit his wife and daughter at the flat where they were staying which in fact became their matrimonial home, then how he can rewarded with a decree of divorce on the ground of desertion when he himself has deserted his wife - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife did not deny the fact that parties remained separated from one another for a period of two years - She did not came back to her matrimonial home even after her transfer back to the city where husband is residing - Conduct of wife clearly demonstrate her intention to walk out of marriage and not to..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Divorce on ground of desertion - Divorced wife even when she had deserted the husband is entitled to maintenance but only from the date of decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion by wife - Intention of husband to get rid of his wife and two children is glaring from the fact that he does not give a single specific instance of a date when he tried to reconcile his matrimonial home or when he went to her parents house to request them to return - More so, husband did not pay a single..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion on the part of wife - No evidence of wilful desertion by wife constituting animus deserendi - Wife was treated with cruelty on account of demand of dowry - Filing of proceedings under Domestic Violence Act proved that she was maltreated and ousted from matrimonial house after giving severe beatings -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - It is incumbent for the party seeking divorce on the ground of desertion to prove that he/she is not taking advantage of his/her own wrong...........
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 11 -- Petition by husband for divorce on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Petition for restitution of conjugal rights decided during pendency of divorce petition - In petition for restitution of conjugal rights, it was held that there was..........
