Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left matrimonial home on 28.03.2024 and petition was filed on 01.07.2024 - This clearly shows that there was no basis of decree for divorce on the ground of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Ground of cruelty requires to be established so as to conclude that cruelty has resulted into a situation where spouses no longer can live together...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Occasional refusal to perform marital obligation is not sufficient to attract mental cruelty in ordinary wear and tear of married life - To establish such cruelty there must be persistent refusal to have sexual relationship...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Married life should be assessed as a whole - Mere trivial irritations, quarrels, normal wear and tear of married life which happens day-to-day in all families would not be adequate for grant of divorce on the ground of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has nowhere stated in his notice that he wanted to break-up martial status, but he expected from wife to come back to her matrimonial home and live with husband - This clearly indicates that husband has condoned the cruel conduct, if any of wife - Despite that wife has..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Marital life should be reviewed as a whole and few isolated instances over a period of years will not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband failed to examine his parents or any other witness to substantiate his contention that it is wife who is at fault and that she abused him in filthy language and was in dominating nature - In the absence of any evidence from husband's side, it cannot be said that he underwent cruelty in the hands of..........
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...........
