Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife could not get opportunity to contest the case as her counsel failed to discharge his duty - No written statement was filed on behalf of wife which goes to show that counsel of wife did not take proper care of case - It is thus, proper to give an opportunity to wife to contest..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion by wife - Parties lived together only for 2 years - They are living separately for more than 2 decades - Conduct of wife shows that she is not willing to live with husband - Wife made various allegations against husband, which were not proved - Emotional bondage between parties have lost - Re-union will not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Necessary pre-condition for seeking decree of divorce is that it is imperative on part of plaintiff to plead and prove that defendant has deserted plaintiff and has continued doing so uninterruptedly for a period of two years prior to institution of suit - Period subsequent to institution of suit cannot..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Occasional disagreements and flare ups between spouses and his mother, at best could be said to be trivial domestic disputes which do happen in every marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - General and vague allegations made by husband against wife - Merely by pleading that wife had subjected him to cruelty and further not substantiating his allegations of alleged cruelty by any cogent much less convincing evidence would not be enough to presume that marriage between parties had..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Constructive desertion - Petition by husband - Evidence on record shows that husband is himself responsible for creating circumstances forcing wife to stay away from matrimonial home - Wife along with minor child was left at her parental home and where she was compelled to live due to circumstances created by none..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Material particulars in support of allegations of cruelty - Once material facts in support of allegations of cruelty alleged are absent, no amount of evidence could be looked into to support facts not pleaded...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and general allegations devoid of material facts regarding commission of cruelty by wife levelled by husband - Husband failed to plead and prove specific instances of `cruelty' for decree of divorce prayed by him - Absence of material particulars in support of allegations made in..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - On ground of cruelty and desertion - Irretrievable breakdown of marriage - Family Court has no power to grant decree on ground of irretrievable breakdown of marriage - Family Court ought to have confined its decision on grounds mentioned in S.13 of the Act - Decree of divorce granted by Family Court on ground of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 498A, 34 -- Evidence of interested witnesses - Cruelty - Deceased disclosed before PWs/relatives of deceased that she was tortured and assaulted by accused on demand of bicycle - All these witnesses though related to deceased but evidence of such witnesses cannot be discounted merely on the ground that they..........
