Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Marriage can be dissolved on the basis of admitted desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion was not only proved but also admitted by husband - Parties were living separately since 2015 without consent of spouse and there was no reasonable cause for leaving the matrimonial house - Divorce granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition on ground of cruelty and desertion - Desertion proved but cruelty not proved - One ground mentioned in S.13 of the Act is sufficient to grant divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere filing of petition for maintenance and other reliefs under Protection of Women from Domestic Violence Act, is not sufficient to infer that there was an animus and factum of desertion on the part of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties have been residing separately since 2008 - Wife did not resume co-habitation despite decree of restitution of conjugal rights passed against her in 2013 till date of filing of divorce petition - It is not her case that any events happened after passing of decree for..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband has relied on a single event whereby he himself left the matrimonial residence and started living with his parents - Except for making allegations that wife declared that she shall alone stay in the house, nothing has been indicated with regard to efforts made by husband to..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Wife filed suit for dissolution of marriage - Husband by filing counter claim claimed divorce on ground of cruelty and desertion - Counter claim filed subsequent to filing of written statement - Issues were not yet framed - Under S.23-A of Hindu Marriage Act, husband had statutory right to file counter claim -..........
Divorce Act, 1869, Section 10(1)(ix) -- Divorce - Desertion - Petition by husband - No sufficient evidence on record to show that wife insisted husband to set up a separate living for them - Husband miserably failed to establish animus deserendi of wife - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties solemnized on 7.5.2015 and a child was born on 9.4.2016 - Divorce petition was filed on 5.7.2017 - It cannot be said that parties were living separately for a continuous period of not less than two years immediately preceding the presentation of petition -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Evidence on record shows that there has been no intention on the part of wife to desert husband, in as much as on every occasion based on mediation between parties, she has returned back to matrimonial home - Even in present proceedings wife insisting to stay in matrimony with..........
