Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties married in 1955 - Parties not stayed together since 1958 - No cohabitation took place since last about 49 years - Husband aged 75 years and wife aged 65 years - Marriage between parties has irretrievably broken - Decree of divorce granted...........
Hindu Marriage Act, 1955, Section 23(1) -- `Wrong' - Mere disinclination or silence upon receipt of letters inviting spouse for cohabitation - Does not constitute wrong u/s 23 of the Act so as to disentitle such spouse, keeping only silence, to the benefit of statutory right flowing from S.13 of the Act...........
Hindu Marriage Act, 1955, Section 13, 23 -- Res judicata - Earlier judgment passed between parties upon wrong interpretation or incorrect interpretation - Interpretation of S.23 of the Act changed by Supreme Court subsequently - Held, earlier adjudication between parties does not amount to res judicata in subsequent petition...........
