Desertion

Case BriefsHigh 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 BriefsHigh 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 BriefsHigh 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 BriefsHigh 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 BriefsHigh 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 BriefsHigh Courts

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

Chhattisgarh High Court: The Division Bench comprising of Prashant Kumar Mishra and Gautam Chourdiya, JJ. allowed an appeal to grant a decree

Case BriefsHigh Courts

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

Punjab and Haryana High Court:  Deepak Sibal, J. dismissed the present petition as the impugned order was not defective on the ground

Case BriefsHigh Courts

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

Kerala High Court: Alexander Thomas, J. while hearing a revision petition, remitted a matrimonial case to the Family Court, Kalpetta for consideration

Case BriefsHigh 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

Case BriefsHigh Courts

Utt HC | Instances of cruelty not taken in isolation but cumulative effect thereof considered; divorce petition rejected 

Uttaranchal High Court: The Division Bench of Alok Singh and Ravindra Maithani, JJ. contemplated the present appeal filed by the appellant-husband, where the

Case BriefsHigh Courts

Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. entertained an appeal by the appellant-wife under Section

Case BriefsHigh Courts

Del HC | Wife not entitled to maintenance under Section 125 CrPC for period prior to grant of divorce if decree passed on ground of desertion

Delhi High Court: The Bench of Sanjeev Sachdeva, J. disposed of a petition holding that the petitioner (wife) was not entitled to maintenance

Case BriefsHigh Courts

Desertion| Wife joining job at some other place than her matrimonial home is not desertion

Chhattisgarh High Court: A Single Judge Bench comprising of Goutam Bhaduri, J. dismissed an appeal filed against the order of the lower

Case BriefsHigh Courts

Wife divorced on grounds of desertion entitled to claim maintenance under Section 125 CrPC; husband’s challenge to award of maintenance dismissed

Bombay High Court: A Single Judge Bench comprising of Mangesh S. Patil, J. dismissed a husband’s challenge to the award of compensation

Case BriefsHigh Courts

Mere severance of relation or separation without desertion not sufficient ground for divorce

Chhattisgarh High Court: An appeal filed challenging the decision of the District Judge whereby he dismissed appellant’s petition filed under Section 13

Case BriefsHigh Courts

‘Desertion’ mentioned under S. 13(1)(ib) of Hindu Marriage Act is not withdrawal from a place but from the state of things

Karnataka High Court: While deciding an appeal filed under Section 28 of the Hindu Marriage Act, 1955, a Division Bench comprising of

Case BriefsHigh Courts

Desertion as ground for divorce cannot be tested by merely ascertaining which party left the matrimonial home first

High Court of Delhi: While judging the legality and validity of the divorce decree granted to the husband respondent by the learned

SCC Weekly

Hindu Marriage Act, 1955 — S. 13(1)(i-b) — Desertion —Inference of

Cases Reported in 2014 SCC Vol. 7 August 28, 2014 Part 4 For the offence of desertion so far as the deserting