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 9 -- Restitution of conjugal rights - Petition by wife - Wife since beginning always tried her best to lead happy, conjugal life and she has shown her willingness to come in the matrimonial home, which would be evident from pleading as made in plaint - But from the testimony of husband it is evident that from beginning he has avoided his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere acquittal from charges u/s 406 IPC, cannot ipso facto be construed, as an act of cruelty on part of wife so as to entitle husband to divorce more particularly when husband has been convicted u/ss 498-A, 323 of IPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere fact that after grant of decree of restitution of conjugal rights in favour of husband, one compromise was entered into between husband and wife wherein husband has accepted his mistakes, such factum of entering into compromise by accepting his guilt would make it clear that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty cannot be assessed only on basis of any single incident and all incidents referred and evidence led are to be examined in cumulative manner in order to arrive at conclusion as to whether cruelty has taken place or not...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Act of driving away wife while she was with child amounts to moral and emotional dereliction, if not cruelty and undermines husband's claim of suffering cruelty at the hands of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of husband in driving away his wife at a vulnerable stage, after seeking judicial assistance to resume cohabitation, amounts to matrimonial misconduct and disentitles him from seeking relief on the principles of fault theory embodied in S.23(1)(a) of Hindu Marriage Act -..........
Will -- Deprivation of wife - Non performance of last rites of testator by wife - Ordinarily in a Hindu/Sikh family, last rites are performed by male Sapinda relations - This should not be treated as a contra indicator of indifferent relationship with husband during his life time...........
