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Desertion Judgements

  • Anurag Bajpai Vs. Indira Bajpai

    Court: Allahabad High Court

    Cruelty. Desertion. Permanent alimony. Marriage completely broken down. Parties living separately for past 13 years out of 21 years of marriage. It would be inflicting further cruelty upon both parties to force them to stay together. Threats extended by defendant for committing suicide would amount to mental cruelty. It would be extremely difficult for any spouse or its family members to live in constant threat of suicide. Filing of false cases falls within the ambit of cruelty. Matrimonial bond has ruptured beyond repair because of mental cruelty caused by defendant. By her act of leaving the house of plaintiff without there being any apparent reason, would also amount to desertion particularly in view of fact that since 2000 till date she is living separately. In interest of justice defendant is allowed permanent one time alimony of Rs. 3 lacs to be given by appellant in favour of defendant-OP. Marriage between parties stands dissolved.

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  • Subhash @ Prakash Vs. Priyanka Subhash Dewangan

    Court:Chhattisgarh High Court

    Cruelty & Desertion. Improper Inquiry. Family Court has only taken for determination ground of desertion and ground of cruelty not taken by Family Court. No opportunity granted to appellant-husband to cross-examine 3 witnesses of respondent-wife who has filed their affidavits in support of pleadings of respondent. Proper inquiry not conducted by Family Court to settle dispute between parties — Impugned judgment passed without considering all grounds raised by parties. Impugned judgment and decree passed by Family Court set aside.

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  • Chetankumar Amratlal Naik Vs. Geetaben Kantilal Naik

    Court:Gujarat High Court

    Parties got married in 1997 and stayed together for approximately 6 months . Thereafter they had been living separately. No chance of reconciliation and no justification of passing a decree for judicial separation instead of divorce available to husband under law. Decree of judicial separation passed by Family Court converted into one of divorce, subject to payment of permanent alimony @ Rs. 3 lacs to wife.

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  • Avtar Singh Vs. Balbir Kaur

    Court:Delhi High Court

    Husband filed petition for divorce pleading cruelty and desertion since June, 1981 for a continuous period of three years. Trial court dismissed the petition on the ground that mere leaving by the wife of the matrimonial home did not prove desertion. Appeal against the judgment of trial court , Whether the respondent wife was guilty of desertion and cruelty — Yes.

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  • Sujata Uday Patil Vs. Uday Madhukar Patil

    Court:Supreme Court of India

    Matrimonial disputes to be decided by Courts in pragmatic manner keeping in view ground realities — Most important factor is whether marriage can be saved and husband and wife can live together happily and maintain proper atmosphere at home for upbringing of their offsprings.

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  • Sarada Vs. V. Satyamurthy

    Court: Madras High Court
    When cruelty desertion alleged by wife NOT true, wife not caring, living away, she canNOT take advantage of own wrong Wife DENIED divorce.

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  • Usharani Pradhan Vs. Brajakishore Pradhan

    Orissa High Court
    Conduct of wife in leaving company of her husband and their small children and living separately since 2007 for pursuing her political ambition — Clearly indicates she deserted respondent without reasonable cause and his consent and against his wish.

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  • Rani Bai @ Shakuntla Verma Vs Chandrashekhar Verma

    Chhattisgarh High Court
    Mental Cruelty, Desertion — Proof of — Appellant wife deserted her husband without any proper and sufficient reason — Cruelty on her part towards respondent is made out — Appellant refused to live with respondent’s mother and two sisters.

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  • Vinod Kumar Subbiah Vs Saraswathi Palaniappan

    Supreme Court Of India
    Mental Cruelty — Desertion — Husband had duly pleaded instances of mental cruelty which he proved in evidence and documents — Various allegations of cruelty were made out and a number of incidents were mentioned in a divorce petition .

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  • Sarada Vs V. Satyamurthi

    Madras High Court
    This is the sad case of a 56 year old woman and 58 year old male fighting in courts. The lady is seeking divorce and alleging that her husband has been cruel and has deserted her. The lower court dismisses her case. The matter moves to HC. The HC appreciates the arguments and states

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  • Bhagwant Kishore Vs. Sheela Devi

    Punjab And Haryana High Court
    Section 13 (1)(ia), (ib) — Cruelty — Desertion, Petition for divorce by appellant pleading desertion and cruelty. Appeal by wife — Decree again set aside — Case remanded — Appellant allowed to amend petition to plead specifically instances of cruelty — Petition dismissed — Appeal by husband — Whether the amendment when allowed relates back to the date of petition

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  • Ramesh Laxman Sonawane Vs. Meenaxi Ramesh Sonawane

    Court:BOMBAY HIGH COURT
    Cruelty — Desertion — Dissolution of marriage — Appellant-husband proved that respondent wife treated him with cruelty — Unsubstantiated allegations levelled by respondent wife that husband is having illicit relations.— This amounted to mental cruelty. Marriage between appellant and respondent dissolved in accordance with provisions of Section 13(1)(ia) of Hindu Marriage Act.

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  • Mr. M. Vs. Mrs. M

    Court:BOMBAY HIGH COURT
    Cruelty — Desertion — Respondent-wife has not substantiated allegations of cruelty in her evidence — She could not substantiate allegations even in Criminal Court — Appellant and his family members were subjected to humiliation, trauma and agony as set out in deposition of appellant — Respondent-wife made unfounded defamatory allegations against appellant — Allegation of death of her father due to harassment suffered by her from appellant, is an unfounded defamatory allegation — Said conduct of respondent amounts to mental cruelty to appellant and he is not reasonably expected to continue cohabitation with respondent.

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  • Sujoy Ghosh Dastidar Vs. Dayita Ghosh Dastidar

    Court:JHARKHAND HIGH COURT
    Cruelty — Desertion – Continuous desertion on part of respondent-wife is reflective of her indifference or total departure from normal standard of conjugal relationship — Appellant-husband is compelled to live with marriage in which other spouse is no longer interested. Conduct of respondent-wife in withdrawing from matrimonial obligation i.e. by not permitting and facilitating co-habitation between parties without any reasonable cause would also be equivalent to mental cruelty.

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  • Manju Kumari Singh @ Smt. Manju Singh Vs. Avinash Kumar Singh

    Court:SUPREME COURT OF INDIA
    Dissolution of Marriage — Power of Supreme Court — Enforcement of order — Parties have been living separately for more than decade — All attempts of reconciliation through mediation have failed — No chance of both living together to continue their marital life — In order to ensure that parties may live peacefully in future and their daughter would be settled properly in her life, quietus must be given to all litigations between parties — All proceedings pending in various Courts, if any, shall stand disposed of — Appropriate to exercise power under Article 142 of Constitution to do substantial justice to parties — Marriage dissolved subject to fulfillment of conditions.

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  • Sanyogta Verma Vs. Vinod Verma

    Court:DELHI HIGH COURT
    Husband’s petition for divorce on ground of wife’s desertion––Period of desertion established––Onus to prove that desertion was not intended or that there was reasonable cause to desert––It is on the deserting spouse––No plausible and convincing reason proved by deserting spouse for leaving matrimonial home––Divorce on ground of desertion granted.

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  • Savitri Balchandani Vs. Mulchand Balchandani

    Court: Delhi High Court
    Section 13(1)(ib) — Wife’s desertion since 28.9.79 — Wife leaving matrimonial home as her own — Allegation that she was driven out not believable — Whether husband is also entitled to decree of divorce on ground of desertion by wife ? (Yes).

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  • Smt. S. Vijayalakshmi Vs. S. Bheem Reddy

    Court: Andhra Pradesh High Court
    On complaint lodged by wife, husband arrested and sent to judicial custody — Kept under suspension by his employer — Matter reached point of no return — Any amount of persuasion to keep matrimonial home in good stead is of no use — Marriage dissolved by granting decree of divorce.

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  • AS Vs. SNS

    Court: Delhi High Court
    Cruelty — Desertion — Appellant-wife failed to lead cogent evidence to establish respondent-husband created such circumstances that it was not possible for her to reside in matrimonial home — Wife made reckless allegations against husband of being womanizer and corrupt — It would have caused such pain and suffering to respondent as to lead to apprehension that it would not be conducive to his physical and mental well-being to live with wife. Marriage dissolved.

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  • Om Prakash Poddar Vs. Rina Kumari

    Court: Delhi High Court
    Respondent/wife did not care to cause the appearance or any point of time expressed her willingness to live with appellant-husband as his wife — Wife is residing separately with her parents from petitioner. Ground of desertion stood established in this case — No ray of hope that parties have any intention to give another trial to their marriage. A decree of divorce is passed dissolving marriage of appellant with respondent with immediate effect.

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  • Pradeep Kumar Juyal Vs. Kanti Devi

    Court: Uttarakhand High Court
    Divorce, Cruelty, Desertion — Husband and wife not living together — Testimony of husband reliable — Wife told him not to come back, so that she may have pension — Trial Court committed error of law in rejecting evidence of P.W.1 merely on ground that physically husband is stronger than wife — Testimony made by daughter aged 2 years in favour of her mother cannot be believed — Infant child could not have remembered instances during infancy — Cruelty committed by wife fully proved on record — Impugned judgment set aside — Divorce granted on ground of cruelty.

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  • Jagwati Vs. Gajender Kumar

    Court: Delhi High Court
    Mental Cruelty — Desertion — Restitution of Conjugal Rights — Cruelty committed on respondent-husband and his family by appellant-wife — Animus deserendi proved by respondent-husband to seek divorce on ground of desertion — Appellant-wife is breathing hot and cold in same breath — On the one hand she is projecting herself to be victim of harassment on account of dowry demand, being treated with cruelty by her husband and in-laws on account of dowry demands not fulfilled, on the other hand, even today she claims she is ready to join her husband and she never had any intention to bring an end to cohabitation or waiting for her husband to take her back — No ground to interfere with impugned order dissolving the marriage.

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  • Sheelu Vs. Amar Singh & Anr.

    Court: Rajasthan High Court
    Cruelty — Desertion — Adultery — Grounds well established by Husband — Divorce decree sustained. Not fit case of making efforts through mediation for restoration of matrimonial home.

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  • Aarti Manchanda Vs. Chander Shekhar Manchanda

    Court:DELHI HIGH COURT
    Conduct of wife of leaving her matrimonial home and never returning back or even making enquiry of her children was enough to lead to irresistible conclusion that she left to bring co-habitation to an end. Husband granted decree of divorce.

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  • Suman Kaushik Vs. N.P. Kaushik

    Court:HIGH COURT OF DELHI
    Divorce on the ground of desertion and cruelty – Parties lived together for 7 months and litigating for 25 years – Husband employed as judicial officer and wife working under government – Wife making various complaints in respect of her husband – An article also published in the newspaper on the basis of interview of wife – Such conduct caused mental agony to the husband – Decree of divorce affirmed.

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  • Pushpa Devi Vs. Om Parkash

    Court: HIMACHAL PRADESH HIGH COURT
    Filing of false complaints and threatening the Husband amount to acts of cruelty. Wife used to leave the matrimonial home at her own will, which amounts to desertion. Decree of divorce granted to Husband.

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  • Prafulla Kumar Tongya Vs. Smt. Sarla

    Court: MADHYA PRADESH HIGH COURT
    Wife taken away marriage gifts. Proved by husband that respondent deserted him for continuous period of more than two years. Decree of divorce granted.

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  • PRAMOD BIJALWAN Vs. SATENDRA DUTT

    Court:UTTARAKHAND HIGH COURT
    Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty — Respondent wife failed to implead as party and prove her allegation of adultery against petitioner — Non-compliance of Rule 13 of Divorce Rules — From statement of appellant it is clear there was no relationship between parties as husband and wife even when they were not resided under single roof since April 2001 — Appellant deserted respondent and did not cohabit with him — Respondent proved both grounds for divorce, i.e., cruelty and desertion — Petition rightly allowed by Trial Court for decree of divorce.

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  • NEELAM BISHT Vs. NARENDRA SINGH BISHT

    Court:UTTARAKHAND HIGH COURT
    Merely for the reason that wife is suffering from illness, no justification on part of wife for deserting her husband and live in adultery. Divorce on ground of desertion.

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  • Ranjit Singh Vs. Surinder Kaur

    Court:PUNJAB AND HARYANA HIGH COURT
    The Husband was able to prove that the Wife had deserted him without any reason, much less sufficient, he is entitled to a decree of divorce.

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  • Suman Vs. Gajender

    Court:PUNJAB AND HARYANA HIGH COURT
    False allegations by wife of illicit relationship of Husband were made and she had refused to consummate the marriage with husband. Mental cruelty caused to husband. Wife also abandoned the marital relationship without any reason amounting to desertion.

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  • Smt. Leela Devi Vs. Suresh Kumar

    Court:Rajasthan High Court
    Wife herself left Husband’s Home. False and wild allegations by Wife that Husband leading immoral life. Divorce granted to Husband on ground of desertion by wife.

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  • SAPNA RAMESHCHANDRA TRIVEDI Vs. DARSHAN JANAKBHAI JOSHI

    Court: GUJARAT HIGH COURT
    Wife left matrimonial home after cohabitation of only about 100 days. She was not prepared to face day-to-day stress of married life or bear unavoidable wear and tear of marriage. Trial Court has correctly found that wife had left her matrimonial house without any reasonable cause or excuse and refused to rescue cohabitation. Marriage is dead for all practical purposes.

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  • VANDHANA GUPTA Vs. RAJESH GUPTA

    Court:MADHYA PRADESH HIGH COURT
    Wife behaving cruelly with Husband and his family members and she left matrimonial house and living separately without any just and proper cause. She has deserted respondent for continuous period of not less than two years. Husband entitled to decree of divorce.

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  • Geeta Yogesh Mehta Vs. Yogesh Jethalal Mehta

    Court:Bombay High Court
    Wife not giving sexual satisfaction to Husband. Husband entitled to get the decree of divorce in his favour on the ground of mental cruelty and desertion.

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  • B. SRINIVASULU @ SRINIVASACHARI Vs. VEENA KUMARI @ LATHASREE

    Court:ANDHRA PRADESH HIGH COURT
    Husband and Wife lived together for period of 11 months and after desertion by wife disassociation of husband continuing since 1994 for about 13 years. This is absolutely sufficient to grant divorce .

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  • ASHOK KUMAR DESHMUKH Vs. GAYATRI

    Court:CHHATTISGARH HIGH COURT
    Wife has an affair, lived with husband for only 18 days and then deserted him to live at maternal home. Divorce granted on ground of desertion.

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  • ASOKA MITRA Vs. SWAPAN KUMAR MITRA

    Court:CALCUTTA HIGH COURT
    Wife left matrimonial home without consent and reasonable cause. Further, wife condoned wrong on part of husband, even if there be any — No justification in regard to ground of desertion.

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  • USHA Vs. LAXMI NARAYAN NAGAICH

    Court:MADHYA PRADESH HIGH COURT
    Wife left her place of residence and refused to come back — Petition filed on a later date, desertion proved.

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  • SMT. SUMAN SINGH Vs. TULSI RAM PATEL

    Court:MADHYA PRADESH HIGH COURT
    Wife Wilfully Left Matrimonial Home After Eight Months of Her Marriage and Did Not Come Back — She was unable to prove that she deserted respondent on account of inhumanly treatment given to her by respondent or his family members.

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  • SUDHAKAR Vs. SMT. KALAVATI

    Court:MADHYA PRADESH HIGH COURT
    Wife Left Her Matrimonial House on Her own Accord and Did Not Return to Her Husband In Spite of Efforts Made by Him. Reconciliation Not Possible : Decree of Divorce Granted.

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  • MAMTA DEVI Vs. DINESH KUMAR

    Court: HIMACHAL PRADESH HIGH COURT
    Wife has been withdrawing from the company of her husband without any justifiable cause — Animus deserendi proved .

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  • GIRRAJ PRASAD SHARMA Vs. SMT. TARA MISHRA

    Court:RAJASTHAN HIGH COURT
    Wife deserted husband continuously for two years or more immediately preceding filing of this petition — Husband entitled to divorce on this ground

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  • JASWINDER KAUR Vs. HARVINDER SINGH

    Court:Punjab-Haryana High Court
    Appellant wife deserted respondent husband for continuous period of 2 years immediately preceding filing of petition, without any sufficient cause, with intention to put an end to matrimonial ties permanently — Husband was always ready and willing to rehabilitate wife, in the house as his wife, but she refused to live with him in his house as his wife — She deserted him with intention to put an end to matrimonial ties forever — Trial Court was right in holding that husband did not treat appellant wife with cruelty.

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  • ANAGALLA PADMALATHA Vs. A. SUDERSHAN RAO

    Court:ANDHRA PRADESH HIGH COURT
    Wife abandoned company of husband without reasonable cause and filed 498A and CrPC 125, Desertion Proved. Cruelty need not be proved to get decree of divorce if desertion is proved.

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