Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband disputing paternity of child - Husband suspecting character of wife and paternity of their child - However, no substance found in such baseless allegations because child was born when couple was residing together and when marriage between couple was in subsistence and child is..........
Hindu Marriage Act, 1955, Section 9, 5(ii)(b) -- Petition by husband for annulment of marriage - Wife seeking restitution of conjugal rights - Husband failed to establish any of the grounds mentioned u/s 12 of the Act - Main ground on which husband refused to take wife was that she was suffering from schizoid and that the same made her incapable of performing conjugal..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Husband residing separately from wife allegedly due to her mental disorder and physical and mental cruel acts - However, incident stated by husband are normal wear and tear of married life which can be repaired - Moreover, two children were born from wedlock with husband after..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Husband withdrawn himself from society of his wife - Withdrawal from society is permissible provided there is a reasonable excuse - But in present case, husband failed to show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..........
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..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Allegation that wife expelled from matrimonial home by husband - However, no application for restitution of conjugal rights filed by wife - Rather, she filed civil suit for recovery of dowry items and stridhan - More so, after about one year from said expulsion wife made a report to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife herself admitted that she had no intention to resume marital cord with husband after she left marital home in 2002 - Neither wife attempted to return to her marital home nor requested husband or his parents to take her back - Even no efforts were made by wife for moving an..........
