Desertion

Allahabad High Court
Case BriefsHigh Courts

“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”

Madhya Pradesh High Court
Case BriefsHigh Courts

The wife was appointed as Assistant Manager in LIC Housing Finance Ltd., and at time the respondent was doing nothing, this was the reason why husband compelled the appellant to leave the job and stay with him.

Allahabad High Court
Case BriefsHigh Courts

“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”

Allahabad High Court
Case BriefsHigh Courts

“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”

Allahabad High Court
Case BriefsHigh Courts

“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”

cause of delay condonation of delay plea supreme court
Case BriefsSupreme Court

If negligence can be attributed to the appellant, then necessarily the delay which has not been condoned by the Tribunal and affirmed by the High Court deserves to be accepted. However, if no fault can be laid at the doors of the appellant and cause shown is sufficient then we are of the view that both the Tribunal and the High Court were in error in not adopting a liberal approach”.

Madhya Pradesh High Court
Case BriefsHigh Courts

“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”

Allahabad High Court
Case BriefsHigh Courts

“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”

Karnataka High Court
Case BriefsHigh Courts

In the instant case, the Court noted that in current times of rising inflation and increase in cost of living, not only must the wife sustain herself and the minor daughter’s life, but she also has to contest the ongoing litigation before the Family Court.

Delhi High Court
Case BriefsHigh Courts

The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.

Delhi High Court
Case BriefsHigh Courts

Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.

delhi high court
Case BriefsHigh Courts

“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”

madras high court
Case BriefsHigh Courts

Madras High Court said that the wife was always ready and willing to live with the husband along with two children. It is the husband, who is running away from the matrimonial home without discharging his duty and responsibility as a husband.

madras high court
Case BriefsHigh Courts

Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.

chhattisgarh high court
Case BriefsHigh Courts

“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”

chhattisgarh high court
Case BriefsHigh Courts

“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”

delhi high court
Case BriefsHigh Courts

“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”

delhi high court
Case BriefsHigh Courts

“The child has not only been totally alienated, but has also been used as a weapon against the father. Nothing can be more painful for a parent to see the child drifting away and being totally against the father.”

delhi high court
Case BriefsHigh Courts

“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”

madras high court
Case BriefsHigh Courts

When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights