Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not withdrawal from a place but from a state of things...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - There can be desertion without previous cohabitation by parties or without marriage having been consummated - Person who actually withdraws from cohabitation is not necessarily deserting party...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife has deposed that she is very keen and desirous to live and stay with her husband all through her life and perform her duties - Desertion has not been proved before Family Court through concrete and tangible evidence - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Non-resumption of conjugal rights despite there being decree of restitution of conjugal rights would come under definition of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not to be tested by merely ascertaining which party left matrimonial home first - If one spouse is forced by conduct of other to leave home it may be that spouse responsible for driving out, guilty of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife except stating in her pleadings that she is ready to join company of her husband, has not placed any evidence to show that she is willing to discharge her marital obligations with her husband - Except self serving testimony of wife no other evidence is placed by her to show that..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - Wife made counter allegations that it was husband and his mother who on almost every day used to torture her mentally and forced her to leave matrimonial house - Both husband and wife are living separately since 2019 and initiatives taken for reconstructing..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery - Desertion - Petition by husband - Petition filed against wife on the ground of voluntary sexual intercourse with a person other than her spouse and desertion - However, wife on other hand alleged that after two months of marriage, she discovered husband in a compromising position with his step..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - There can be desertion without previous cohabitation by parties or without marriage having been consummated - Person who actually withdraws from cohabitation is not necessarily deserting party - Fact that a husband makes an allowance to a wife whom he has abandoned is no answer to a charge of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is a continuing offence...........
