Divorce -- Ordinary Wear and Tear of Married Life -- Not every instance of separate living constitutes desertion or cruelty
(i) Hindu Marriage Act, 1955, S.13(1)(ia), (ib) -- Divorce -- Ordinary Wear and Tear of Married Life -- Not every instance of separate living arising from the ordinary wear and tear of married life constitutes a ground of desertion or cruelty for the purpose of seeking a decree of divorce. (ii) Hindu Marriage Act, 1955, S.13(1)(ia), (ib) -- Divorce -- Petition by Husband -- Allegations of cruelty or ill-treatment by a wife are rendered highly doubtful where the husband simultaneously seeks her return to the matrimonial home. Such positions are inherently inconsistent with each other and render the allegations improbable. (iii) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion by Wife -- Where the evidence on record does not indicate voluntary desertion on the part of the wife and the husband has failed to discharge the burden of proving desertion, the ground of desertion is not established.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
