24 Jul 2026 10:41 AM

Divorce -- Petitioner's Own Wrong of Adultery and Voluntary Desertion -- Bars relief under Section 23(1)(a) HMA

Hindu Marriage Act, 1955, S.23(1)(a) -- Divorce -- Petitioner's Own Wrong of Adultery and Voluntary Desertion -- Bars relief under Section 23(1)(a) HMA. A petitioner cannot claim divorce while taking advantage of own wrong, and where the wife voluntarily left the matrimonial home and was found involved in an adulterous relationship, she is disentitled from seeking dissolution of marriage. Vague and uncorroborated allegations of cruelty and dowry demand do not satisfy the burden of proof for divorce.

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