Search Results for "voluntary desertion"

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Search Results for "voluntary desertion"

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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 ...

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...

High Court

Karnataka High Court rules that a wife's failure to join husband after a decree for restitution of conjugal rights is not automatically voluntary desertion barring maintenance under Section 125(4) of the Code of Criminal Procedure, 1973. The court holds that the right to maintenance under Section 125 Cr.P.C. is a social welfare measure and cannot be defeated solely by the existence of a civil decree for restitution when the wife alleges cruelty.

23 Feb 2024

The judgment arises from three revision petitions filed by wives whose claims for maintenance under Section 125 of the Code of Criminal Procedure, 197...

High Court

High Court of Karnataka Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion — Allegations Not Proved Under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955. Wife's temporary stay at parental home and filing of maintenance petition do not constitute cruelty or desertion.

1 Jun 2018

The appellant-husband, Shri Amit, filed a petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, seeking dissolution of his marr...

High Court

Bombay High Court Dismisses Husband's Appeals Against Restitution of Conjugal Rights Decree and Dismissal of Divorce Petition. Husband Failed to Prove Cruelty or Desertion; Wife's Refusal to Stay with In-Laws Not Unreasonable.

13 Oct 2017

The case involves two appeals filed by the husband, Rakesh Jaiswal, against the judgments of the Family Court, Aurangabad. The first appeal (FCA No. 8...

High Court

Bombay High Court Allows Husband's Appeal for Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Compromise Failed as Wife Returned to Parents After One Month. The court held that the wife's conduct after compromise, including a short stay and subsequent departure, constituted cruelty and desertion under Section 13(1)(i-a) and (iii) of the Hindu Marriage Act, 1955.

14 Sep 2017

The appellant-husband filed a petition under Section 13(1)(i-a) and (iii) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with th...

High Court

High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree in Cruelty Case. Marriage Dissolved Under Section 13 of Hindu Marriage Act, 1955 on Grounds of Mental Cruelty and Desertion.

19 Apr 2017

The appellant, Savithri, wife of S. Ravindra Reddy, filed an appeal under Section 19(1) of the Family Courts Act against the judgment and decree dated...

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 Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

29 Aug 2016

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...

High Court

Bombay High Court Allows Wife's Appeal Against Nullity and Divorce Decree in Hindu Marriage Act Case — Impotency and Cruelty Allegations Not Proven. Marriage Annulment Under Section 12(1)(a) Set Aside as Husband Failed to Establish Wife's Impotency; Divorce Under Section 13(1)(ia)(ib) Also Set Aside as Cruelty and Desertion Not Proved.

23 Jul 2012

The case involves a Family Court Appeal filed by the wife, Sou. Pramila Shankar Ghante, challenging the judgment and decree passed by the Family Court...

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