Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal from society without reasonable excuse - Must be demonstrated...........
Hindu Marriage Act, 1955, Section 9, 13 -- Petition by wife for restitution of conjugal rights and counter claim of divorce by husband - Petition for restitution of conjugal rights dismissed and counter claim decreed - Husband set out a list of incidents of cruelty meted out to him and his cross examination has not brought out any contradiction or improvement from his..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Mere non compliance of decree of restitution of conjugal rights for a period of one year in itself is sufficient to grant decree of divorce...........
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...........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
Hindu Marriage Act, 1955, Section 9 -- Petition by wife for restitution of conjugal rights - Unestablished sexual allegations made by wife against husband and his father - Petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights by wife - Ground of cruelty not established by husband - Husband abandoned wife without sufficient cause - Since husband left matrimonial home without sufficient cause, Family Court rightly ordered restitution of conjugal rights in favour of wife -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife admitted that she tried to commit suicide which would amount to mental cruelty caused to husband - Husband has proved that there is reasonable excuse for him to withdraw from society of wife on the ground that she has tried to commit suicide and there are defamatory posters..........
Hindu Marriage Act, 1955, Section 10 -- Decree of judicial separation can be granted in a petition filed for divorce - However, no such power is contemplated in a petition filed for restitution of conjugal rights...........
