Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself deserted wife by taking her from matrimonial home to her parental home - Divorce petition filed by husband only after filing of a petition for restitution of conjugal rights by wife - Husband thus, not entitled to decree of divorce on the ground of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife has shown indifference and disinterest in sustaining matrimonial relationship with husband for over 9 years since when she left matrimonial home - She even chosen not to appear and contest proceeding - No effort for any reconciliation through mediation could be undertaken in spirit of the Act..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife was harassed by husband and his family members for dowry following which FIR was lodged by her against husband - She was always willing and is still willing to live with husband - Wife was neglected and deserted by husband - Wife not living separately on..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife to conceal her ailment, avoided cohabitation and refused to cooperate with husband to lead matrimonial life and left matrimonial home just within four months of marriage and till now, they are living separately for over a period of 17 long years - Ground of desertion thus, proved - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife herself refused to live with husband - There is no relationship between husband and wife, as wife stayed in her matrimonial home for only three days - Wife is residing separately for more than 2 years and has deserted husband - Factum of cruelty also established as mother-in-law..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife started living separately from husband from 2007 onwards - She did not take any effort to join husband and restore matrimonial relationship at any point in time in two years period prior to filing divorce petition - Two completed years of separated life by wife itself is..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Long list of instances of cruelty given by wife, which was in fact cruel to wife - Merely because wife continued to live with husband with a forgive and forget attitude just to make marriage work, could not be taken as condonation of continuous cruel acts, ill..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife had to live away from matrimonial home when posted out, but she used to come over to her matrimonial home during weekends - This position is admitted by husband - More so, it is husband's own case that wife had gained entry into matrimonial home in the year 2014 and divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Husband proved that wife's attitude was indifferent and un-conciliatory and that she was rude exhibiting no intention to honour her relations with husband as his wife and daughter-in-law of his parents - Such acts not only showed cruelty on part of wife but..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No attempt was ever made by husband to bring wife back - Case of desertion as made in plaint is not proved by husband - Decree of divorce set aside...........
