Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Constructive desertion - Petition by husband - Various complaints were filed by wife and repeated compromises effected between parties - Husband himself failed to adhere to various compromises arrived at between parties and created a situation which forced wife to stay away from her matrimonial home - He had been..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Merely because wife left home is no evidence for confirming desertion - Rather, husband should have made attempt to bring her back to his home - Husband refused to take her back to his home - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Pleadings and evidence on record confirms that husband has examined only himself and his mother as witnesses regarding incidents of cruelty - No independent witness such as neigbour or house servant examined in case to drive home allegation of cruelty and desertion - Husband never filed any petition u/s 9..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left the company of husband in Jan 2002 - Petition u/s 13 of the Act filed in Oct 2003 i.e within 2 years of alleged date of incident - Essential ingredient to attract dissolution of marriage u/s 13(1)(ib) of the Act not made out - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - `Desertion' would imply a total repudiation of marital obligation - Legal desertion cannot be established merely by pointing fingers at spouse who would have left matrimonial home...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife is deserted by husband and she left in 2008 at her sister's home - She had since then making all efforts to join company of husband, but it was husband alone, who was guilty of matrimonial misconduct and had intentionally not making atmosphere conducive to facilitate return of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband stated that wife lived in her matrimonial home only for one year - While couple had two daughters who are not twin - Statement of husband itself speaks in volumes that it is wrong - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - No evidence on record that wife has an intention to bring cohabitation permanently to an end without reasonable cause and consent of husband - Wife stated that she want to come back with her husband and resume cohabitation - Ground of desertion not proved - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Conduct of husband towards wife is inhuman and she has been ousted from her matrimonial home deliberately by husband - Husband himself given statement before State Commission of women that he shall not keep wife with him - More so, inspite of fact that a decree of restitution of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Husband levelled general allegations of cruelty which are found to have occurred in day-to-day family life - No specific incident of cruelty which had tormented husband and made him to suffer pain and agony pleaded and established - Weak moral fiber of husband..........
