Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce petition by husband - Wife proceeded against ex-parte at a stage when she was to file written statement - Ex- parte order sought to be set aside on the ground that advocate of wife fell sick - Ex- parte order set aside - Held, if defendant shows good cause for his or her non-appearance..........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce petition by husband on ground that there has no restitution of conjugal rights after passing of decree of restitution of conjugal rights - Husband himself disobeyed order of Court and did not allow wife to join him and lead marital life - Wife was always reading and willing to join company of husband - This was so..........
Civil Procedure Code, 1908, Order 47, Rule 1, Divorce Act, 1869, Section 41 -- Maintenance - Minor daughter living with mother - Respondent/wife sought maintenance on ground that entire expenses of maintenance and education of minor child is borne by her - Lump sum of Rs.5 lacs directed to be paid for meeting marriage expenses of daughter - Review of judgment sought by..........
Misconduct -- Second marriage during subsistence of first marriage - Departmental inquiry - Dismissal - It is a case where first marriage is admitted and its subsistence is not denied - The allegation against the appellant was for performing second marriage with 'G' which stood established during enquiry - Even 'G' had lodged complaint against the appellant u/ss 406/498A..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Ground of cruelty - Allegations that wife caused mental agony by her adamant attitude and behavior and her leaving to her parents home very frequently, having more interest towards money and causing harassment - Allegation denied by wife - Divorce petition dismissed - Section 13 of the act names..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Husband sought divorce on ground of cruelty - Wife living away from husband - Held, it does not warrant an inference that she was refusing to have sex with husband with a view to treat him with cruelty - Hence, divorce on these allegations of alleged cruelty cannot be granted...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Marriage between the parties broken irretrievably - Held, no ground to grant divorce by High Court - However, Supreme Court in exercise of power under Article 142 of the Constitution can grant divorce on this ground...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Two essential conditions of desertion are : (i) the factum of separation and (2) the intention to bring cohabitation permanently to an end - Similarly two elements are essential so far as the deserted spouse is concerned : (1) the absence of consent, and absence of conduct giving reasonable cause to the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Burden to prove desertion is on the petitioner and it has to be established beyond reasonable doubt, to the satisfaction of the Court, the desertion throughout the entire period of two years before the petition as well as that such desertion was without just cause...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband failed to prove the fact that wife has deserted him and she is residing without any proper, just and reasonable cause in her parental home - Not proved that period of two years of desertion has elapsed prior to filing of the petition - Nothing on record to gather that husband..........
