Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties solemnized in 1983 but no child was born of said wedlock - Wife was residing away from husband and he is paying maintenance to wife since 1992 - Said fact is not rebutted by wife - It is also proved on record that wife had deserted husband for continuous..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Both the parties living separately from the past 13 years - Neither of them, has filed any application seeking for restitution of conjugal rights - There is no possibility of reunion, as marriage tie between parties has become emotionally dead and same is beyond repair because of emotionally dead..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Petition by husband on grounds of cruelty and desertion - Continuous pleading of wife with husband to get himself transferred and stay with her, does not constitute matrimonial cruelty - Wife stayed with husband only for 10 days after marriage and shifted to Pondicherry due to health ailments as she could..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband performed second marriage and he has son and daughter from said marriage - It cannot be said that wife deserted husband, as she has just and sufficient ground to reside separate from husband - More so, petitions for restitution of conjugal rights shows that there is no..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental and physical cruelty - Petition by wife - Allegations of demand of dowry, beating, commission of unnatural sex, creating such circumstances that wife was compelled to leave matrimonial home - Compelling circumstances pleaded by wife also proved by her by producing her affidavit - Merely because husband filed a..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree of restitution of conjugal rights in favour of husband - Non-resumption of cohabitation between couple due to failure of wife to abide decree - Decree for restitution of conjugal rights is not executable decree - Wife cannot be compelled to live with husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband disputing paternity of child - Husband suspecting character of wife and paternity of their child - However, no substance found in such baseless allegations because child was born when couple was residing together and when marriage between couple was in subsistence and child is..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 11 -- Divorce by mutual consent - Withdrawal of consent by wife at the second motion - Restitution of amount of 12 lakhs received by wife - Order as to refund, upheld but same will be subject to terms, as directed by Court, which will be beneficial for the husband, the minor child and wife...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Allegation that wife expelled from matrimonial home by husband - However, no application for restitution of conjugal rights filed by wife - Rather, she filed civil suit for recovery of dowry items and stridhan - More so, after about one year from said expulsion wife made a report to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife herself admitted that she had no intention to resume marital cord with husband after she left marital home in 2002 - Neither wife attempted to return to her marital home nor requested husband or his parents to take her back - Even no efforts were made by wife for moving an..........
