Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Non-examination of witnesses on side of wife would show that she has not taken steps for reunion with husband - Mere filing of petition u/s 9 of the Act is not enough that wife was ready and willing for reunion - It is only after lodging a complaint by husband before police, wife..........
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..........
Mohammedan Law, Section 281(2) -- Restitution of conjugal rights - Petition by husband - Husband proved that wife without any lawful cause ceased to cohabit with him - Wife on the other hand failed to prove that husband and his parents have caused cruelty to her - Nothing on record to show that wife has reasonable apprehension that her life with husband is impossible or..........
Criminal Procedure Code, 1973, Section 125(4) -- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife took the specific case that..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal from society of husband - Mere reason that wife does not like parents or siblings of husband is not a reasonable excuse for withdrawal from society of husband...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal of wife from society of husband on demand of separate residence to avoid members of husband's family is not a reasonable cause, unless it is proved that family members in matrimonial home had treated her with cruelty - There is thus no serious dispute between husband and wife - Petition..........
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 9 -- Application for restitution of conjugal rights by husband - Dismissal of application by trial Court - Husband himself ousted wife from his house without any just and proper reason - Neither husband made any attempt to get back his wife or his daughter to matrimonial home nor paid any amount of maintenance to them - Even, husband made..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife gave birth to child in her parental house as per family tradition - Husband annoyed with wife and her family members that they had not intimated him properly about child and refused to take back wife - However, evidence on record shows that parents of wife informed husband about..........
