Desertion Archives | Page 2 of 3

82 Reports from 21 High Courts: Hijab Row, Uphaar Case, Child Custody Battles, Drug Menace and more | February RoundUp 2022

82 reports on High Court Judgments to read from February 2022. Allahabad High Court Bail 22-year-old woman, burnt and buried due to

8 Legal Stories of the Week: From the release of movie Gangubai Kathiawadi to WhatsApp Admin’s liability if a member of group shares objectionable content on group and many more such stories

Here’s our interesting picks of the week from the stories reported “Notaries operating from public taxis around vicinity of Court”: Dignity of

Case Briefs High Courts

If husband brings home concubine due to which wife leaves house, would that lead to desertion by wife? Chh HC explains

Chhattisgarh High Court: The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., expressed that, “If the husband keeps another lady; gives

Case Briefs Supreme Court

Divorce| Can long Separation lead to inference regarding desertion in all cases? Supreme Court decides

Supreme Court: In a case where it was argued that merely because husband and wife are staying separately since a long time,

Case Briefs High Courts

Ker HC | Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? HC answers

Kerala High Court: In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking

Case Briefs High Courts

Wife refused to join company of husband on ground of ‘auspicious time’. Would this amount to ‘desertion’ by wife? Chh HC elucidates

Chhattisgarh High Court: The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., held that the wife refusing to join the company

Case Briefs High Courts

Del HC | Materialistic attitude of husband considering wife as cash cow: Is it a ground to dissolve marriage? Read to know

Delhi High Court: The Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., noted in a matrimonial matter that the wife was

Case Briefs High Courts

Bom HC on Cruelty & Desertion | Wife wishing to stay abroad. Is that an act of selfishness? Can it be ground of divorce? Court answers

Bombay High Court: The Division Bench of Ujjal Bhuyan and Prithviraj K. Chauhan, JJ., held that wife wishing to stay abroad with

Case Briefs High Courts

Madras HC | 25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not

Madras High Court: T. Raja, J., in the present matter while considering the long separation of parties for almost a quarter-century, granted

Case Briefs High Courts

Telangana HC | If one of spouses in a marital relationship is found to be guilty of infidelity, would it amount to causing mental cruelty to the other spouse? HC highlights concept of mental cruelty & desertion

Telangana High Court: The Division Bench of M.S. Ramachandra Rao and T. Vinod Kumar, JJ., while addressing the present matter highlighted the

Case Briefs High Courts

Bom HC | Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Surawanshi, JJ., upheld the decision of the family court. Present appeal

Case Briefs High Courts

Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years

Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that

Case Briefs High Courts

Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Bombay High Court: A.S. Kilor, J., held that contravention of the provision of Section 15 of the Hindu Marriage Act, 1955 does not

Case Briefs High Courts

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

Jharkhand High Court: A Division Bench of H.C. Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid

Case Briefs High Courts

Utt HC | Wife not eligible for medical examination of whether she can conceive or not during Divorce proceedings; Court allows appeal

Suchita Shukla, Editorial Assistant has put this story together

Case Briefs High Courts

Cruelty & Desertion |Del HC | A typical case that showcases as to what would amount to cruel behaviour on part of one spouse to utter detriment of other

Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ., while addressing a matrimonial application stated that, “Marriage is no

Case Briefs High Courts

Ker HC | Photographs of husband and wife showing them happy – not a proof of happy married life or no demand for patrimony

Kerala High Court: A Division Bench of A.M. Shaffique and N. Anil Kumar, JJ. dismissed a matrimonial appeal filed by the husband

SCC Times

Desertion

82 Reports from 21 High Courts: Hijab Row, Uphaar Case, Child Custody Battles, Drug Menace and more | February RoundUp 2022

8 Legal Stories of the Week: From the release of movie Gangubai Kathiawadi to WhatsApp Admin’s liability if a member of group shares objectionable content on group and many more such stories

If husband brings home concubine due to which wife leaves house, would that lead to desertion by wife? Chh HC explains

Divorce| Can long Separation lead to inference regarding desertion in all cases? Supreme Court decides

Ker HC | Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? HC answers

Wife refused to join company of husband on ground of ‘auspicious time’. Would this amount to ‘desertion’ by wife? Chh HC elucidates

Del HC | Materialistic attitude of husband considering wife as cash cow: Is it a ground to dissolve marriage? Read to know

Bom HC on Cruelty & Desertion | Wife wishing to stay abroad. Is that an act of selfishness? Can it be ground of divorce? Court answers

Madras HC | 25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not

Telangana HC | If one of spouses in a marital relationship is found to be guilty of infidelity, would it amount to causing mental cruelty to the other spouse? HC highlights concept of mental cruelty & desertion

Bom HC | Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter

Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years

Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

Utt HC | Wife not eligible for medical examination of whether she can conceive or not during Divorce proceedings; Court allows appeal

Cruelty & Desertion |Del HC | A typical case that showcases as to what would amount to cruel behaviour on part of one spouse to utter detriment of other

Chh | Husband’s appeal for grant of decree of divorce on being subjected to ‘mental cruelty’ by wife, allowed

P&H HC | No fresh suit can be filed once the issues have been framed and the same was not disputed by the party

Ker HC | Efforts of wife to maintain herself after desertion is no ground to deny payment of maintenance

Ker HC | Photographs of husband and wife showing them happy – not a proof of happy married life or no demand for patrimony