Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is a continuing offence...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse abandons other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - For offence of desertion, two essential conditions must be there so far as deserting spouse is concerned i.e (i) factum of separation; and (2) intention to bring cohabitation permanently to an end - Similarly, two elements are essential so far as deserted spouse is concerned i.e: (i) absence of consent;..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - No evidence produced by husband to prove element of desertion showing that wife has left her matrimonial house - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not withdrawal from a particular place, but it is withdrawal from a particular state of things i.e. cohabitation...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is a continuing course of conduct and not a single act - Desertion is deemed complete when period prescribed in law expires, and a petition for remedy is filed on its ground - However, if deserter returns before expiry of prescribed period, desertion stands terminated...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties was solemnized in 1997 and it was love marriage but conjugal relationship between parties was snapped since 2002 - Wife is residing in her parental house thereafter and they never resumed cohabitation after 2002 and during last more than two decades efforts..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the company of husband - Parties never resumed co-habitation after 2013 and during last 12 years no effort has been made by either party for restitution of conjugal rights - Keeping in view the said fact coupled with the allegations leveled against each other embedded with..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition filed by wife - Petition u/s 9 of the Act filed by husband - Wife had left her marital house as per her own accord, without any pressure or any reasonable sufficient cause, which have been admitted in her cross-examination - Allegations of cruelty, demand of dowry, physical violence as well as her desertion from..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband stated that they were residing together till the filing of divorce petition - Wife deserted him stands belied by his own version - Husband has not made out ground of desertion - Divorce petition rightly dismissed...........
