Search Results for "desertion"

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High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

High Court

Bombay High Court Allows Husband's Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Wife's Counterclaim for Restitution of Conjugal Rights Dismissed. The court upheld the Family Court's finding that false complaints by the wife to police and employer constituted mental cruelty under Section 13(1)(ia), and that desertion under Section 13(1)(ib) was proved by the wife's intentional withdrawal from cohabitation without reasonable cause.

16 Mar 2017

The case involves two appeals arising from a common judgment of the Family Court at Bandra, Mumbai, in a divorce petition filed by the husband under S...

High Court

Bombay High Court Dismisses Husband's Second Appeal in Divorce Case — Finding of No Cruelty or Desertion Upheld. Husband's Petition for Divorce Under Hindu Marriage Act, 1955 Dismissed as Allegations of Cruelty and Desertion Not Proved.

7 Jan 2016

The appellant husband, Yogesh Baburao Patil, and the respondent wife, Sou. Rupali Yogesh Patil, were married on 9 December 2001 at Nashik as per Hindu...

Supreme Court

Supreme Court Allows Divorce on Grounds of Desertion Under Hindu Marriage Act, Setting Aside Lower Court Judgments. Desertion Established as Wife Left Matrimonial Home Without Reasonable Cause and Without Intention to Return for Continuous Period Exceeding Two Years Under Section 13(1)(ib) of Hindu Marriage Act, 1955.

15 Feb 2022

The appeal arose from a matrimonial dispute between husband and wife where the husband sought divorce on grounds of cruelty and desertion under Sectio...

High Court

Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

13 Nov 2013

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Section...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955. Allegations of Cruelty Were Vague and Desertion Not Proven, Affirming Family Court's Dismissal of Divorce Petition.

8 Feb 2005

The appellant-husband filed a petition under Section 28 of the Hindu Marriage Act, 1955, challenging the Family Court, Pune's order dated 18 July 2000...

Supreme Court

Matrimonial Dispute: Appellant's Offer of Lump Sum Alimony Upholds Supreme Court's Decree of Divorce

8 Jul 2024

This case concerns a long-standing matrimonial dispute between the appellant-husband and respondent-wife, who have been separated since 2008. The marr...

Supreme Court

Supreme Court Expunges Findings of Cruelty and Desertion Against Wife in Army Officer's Divorce Case. Pursuit of Professional Career and Safe Upbringing of Child Cannot Constitute Matrimonial Fault Under Hindu Marriage Act, 1955.

12 May 2026

The Supreme Court dealt with an appeal arising from a divorce decree granted by the Family Court and affirmed by the High Court, which dissolved the m...

High Court

Bombay High Court Allows Husband's Divorce Appeal on Ground of Desertion Under Hindu Marriage Act, 1955 — Wife's Refusal to Return After Medical Treatment Constitutes Desertion. The court held that the wife's conduct showed a clear intention to permanently sever the matrimonial relationship, reversing the Family Court's dismissal.

10 Jun 2005

The appellant-husband and respondent-wife were married on 2nd June 1986 at Kolhapur. In 1993, the wife fell ill and despite treatment at Kolhapur, her...

High Court

High Court of Karnataka Allows Wife's Appeal in Divorce Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service and Violation of Natural Justice. Marriage Solemnised on 24.02.2002; Husband Failed to Prove Cruelty or Desertion; Court Held That Ex Parte Proceedings Without Sufficient Service Are Invalid Under Hindu Marriage Act, 1955.

28 Apr 2026

The appellant-wife, Sudha, filed an appeal under Section 28 of the Hindu Marriage Act, 1955, challenging the ex parte divorce decree dated 05.12.2016 ...

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