Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife has a right in law to seek restitution of marital ties from husband - As it is evident that husband has withdrawn from her society without any sufficient reasonable cause - Husband moved out and started staying separately on account of her lodging a complaint under Domestic Violence Act - It is..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Dismissal of petition - Marriage denied by wife - Husband relied upon photographs and depositions of PWs in order to establish that a valid and legal marriage performed between parties as per Sikh rites and ceremonies - However, Gurudwara not affiliated to shiromani Gurudwara..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - In absence of valid marriage, petition filed u/s 9 of the Act held not maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Parties were married in 2002 and their married life was happy for about 6 years - Thereafter wife remained in her parent's house for years together - Husband filed petition for restitution of conjugal rights, which was withdrawn at behest of wife - Conduct of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Petition by husband - Parties are not living separately on account of their own free will - It is husband, who refused to keep wife along with minor children with him - Husband never discharged his liability towards wife nor paid attention towards his children - No evidence on record..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Initially, adultery was not even pleaded in grounds for dissolution of marriage - Moreover, it is not fathomable that husband would file a petition for restitution of conjugal rights if he had serious doubts about fidelity of his wife and paternity of second child - Ground of adultery not proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and trivial allegations made by husband against wife - No evidence placed on record by husband that wife filed false and defamatory complainants against him - Very fact that wife had filed a petition for restitution of conjugal rights goes to show that she had in fact wanted to..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife has every desire to resume cohabitation, however, husband is not allowing - Husband had knowledge about alleged divorce yet he performed marriage with wife, cohabited for about 7 years with her and now for reason which could have been available to him about six years earlier, he..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of divorce petition by wife though later on withdrawn on the pretext that it was filed mistakenly by her counsel instead of a petition for restitution of conjugal rights, shows that she was not interested to live with husband, particularly when wife never filed a petition for restitution..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Decree of divorce in favour of husband and dismissal of application for restitution of conjugal rights - Appeal by wife - Husband alleges that wife used to abuse his mother and grandmother and did not want to do household work - However, no evidence produced by husband to substantiate such allegations - No criminal action..........
