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...Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1995 has been dismissed.2. The appellant was married to the respondent on 8th February...joined the proceedings and also filed an application for setting aside the ex parte order but the same was withdrawn on 29th July, 2008.4. The learned Trial Court has dismissed the petition...restoration of conjugal rights which was dismissed on the ground that the appellant had not approached the Court with clean hands. In the said judgment, it was also held that the appellant was...
...the husband under Section 13(1) (ia) and 13(1) (ib) of the Hindu Marriage Act, 1955, is dismissed, appellant is aggrieved by the order passed on I.A.No.8 which was filed under Section 25 ...
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21STDAY OF JANUARY, 2020...-
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husband seeking decree of divorce has been dismissed. However, if the appellant herein is aggrieved by the order passed on I.A.No.8, the appellant could see...
...respondent/wife.
3. Learned counsel for the appellant submits that H.M.O.P.No.41 of 2009 was filed under Section 13(1)(ia) of the Hindu Marriage Act,1955 (in short 'the Act') seeking dissolut...Act, was not proved. She submits that in the petition, Section 13(1)(ia) of the Act was mentioned. However, the petition was dismissed mentioning the provisions of Section 13(1)(ib) of...the Appellant:
1. V HIMABINDU
Counsel for the Respondent:
1. RAVITEJA PADIRI
The Court made the following...
...
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appellant submits that the divorce petition filed by the appellant under Section 13 (1) (ia) and 13 (...ofhis divorce petition. We have heard learned counsel for the appellant and have gone through the material placed on record.
The divorce petition under Section 13 (1) (ia) and 13 (...the appellantunder Section 19 (4) of the Family Court Act, challenge has been laid to the impugned order dated 09.02.2015 whereby the learned Judge, Family Court has dismissed the application filed...
...Procedure and Rule 28 of Civil Rules of Practice seeking amendment of the petition by deleting the words 'under Section 13 (1) (b) of Hindu Marriage Act' and adding 'Section 13 (1) (ia) (ib) of Hi...)
(b) of Hindu Marriage Act' with the words 'Under Section 13 (1) (ia) (ib) of Hindu Marriage Act'.
Accordingly, the Civil Revision...of 2016 came to be filed seeking amendment of the plaint to the extent of change in section of law from Section 13 (1) (b) of Hindu Marriage Act to Section 13 (1) (ia...
...matrimonial house after 45 days and accused No.1 was constrained to file a petition before the Matrimonial Court in M.C.No.866/2011 under Section 13(1)(ia) and (ib) of the
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...petition filed under Section 13(1)(ia) was allowed by a judgment and decree dated 28.7.2015, which clearly demonstrates that respondent No.2...
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26THDAY OF JULY 2019
BEFORE...
...,“Hindu Marriage Act(25 of 1955), Sections 13(1)(ia) and 13(1)(ib)—Family Court allowed respondent's petition for divorce and dismissed appellant/wife's petition for resti...him to involve in criminal case and was not doing any household work—All these acts amounts to cruelty—Thus, ground under Section 13(1)(ia) was made out—It was proved that appellant/wife treated respondent/husband with crue....3. Brief facts transpired before the learned trial Court is as under:-The applicant/husband filed an application under Section 13(1)(ia) of the Hindu Marriage...
...consideration of the material on record, allowed the
petition filed under Section 13(1)(ia) dissolving the
marriage and dismissed the petition under Section
...Sections 3 & 4 of Dowry Prohibition Act.
Subsequently, respondent filed the instant petition
under sections 13 (1)(ia) and (ib) of Hindu Marriage Act...U/SEC 13(1)(ia) OF THE
HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE.
THIS MFA HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 08.09.2015 AND...
...petition seeking dissolution of his marriage with the respondent on the ground of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (‘Act’) was ...cruelty and desertion. The appellant has examined himself as PW-1 and his Bhabhi as PW-2. The respondent has examined herself as R-1 and her sister as RW-2.6. The Trial Court found that the...matrimonial home for a long period of 13 years when they lived together. They were living separately since 18.4.1999 and the appellant had not made any efforts at reconciliation or to bring back the...
...whereunder her petition seeking divorce from the Respondent on the ground of cruelty and desertion under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 ...delay caused by the Appellant in instituting the proceedings for divorce. For adjudicating the aforesaid issue, recourse must of necessity be to the provisions of Section 13(1)(ib) of..., the act of desertion took place in November, 2006 and the present petition was filed on 22.01.2011 Section 13(1)(ib), reproduced hereinabove, clearly spells out a...
...respondent under Section 13 (1) (ia) of Hindu Marriage Act and petition filed by the respondent under Section 13 (1) (ib) (iii) of Hindu Marriage Act.... The statements made in the compromise petition dated 3.12.2014 read thus:“The appellant and the respondent begs to state as follows:1. The appellant has preferred the...
...desertion in terms of provisions of Section 13(1)(ia) and 13(1)(ib) of the Act, was dismissed.2. After marriage, the parties were settled in their matrimonial home at villa...providing a hearing to their counsel, deciding issue No. 1 against the husband and issue No. 2 as having not been pressed by the wife, petition of divorce was dismissed on 27.1.201110...27.1.2011 passed by the court of District Judge, Family Court, Faridabad vide which his petition under Section 13 of the Hindu...
..., Saket Courts Complex in HMA No. 17/2011 whereby the divorce petition filed by the appellant/husband has been dismissed.2. A divorce petition under section 13(1)(ia) and 13(1)(.... Appellant tendered his evidence by way of affidavit Ex.PW 1.A1.5. After explaining the scope and meaning of word ‘cruelty’ under section 13(1)(i-a) of the Act and relying upon the...(b) where the ground of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or...
...") has been filed on behalf of the appellant/husband assailing the Judgment and Decree dated 07.01.2009 vide which the Divorce Petition under Sections 13(1)(ia) and 13(1)(ib) of
...
dismissed by the Ld. ADJ under Section 13(1)(ia) of HMA, 1955. Desertion under Section 13(1)(ib) of HMA, 1955:- ...of cruelty and desertion under S.13(1)(ia) and (ib) HMA,1955 has been rightly dismissed by the learned Additional District Judge and does not call for any interference...
...the negative and as per final order allowed the petition filed under Section 13 (1) (ia) of Hindu Marriage Act, dissolving the marriage between the
respondent/husband and appellant/wife solemn...by him, has allowed the petition filed under Section 13 (1) (ia) by granting decree of divorce dissolving the marriage held between the parties and dismissed the petition filed under Section 13(1)..., wherein, petition filed by the respondent/husband under Section 13(1) (ia) and (1) (ib) (but wrongly mentioned as 13 (ia) and (ib)) of the Hindu Marriage Act, against appellant...
...petition filed by the appellant seeking dissolution of his marriage with the respondent by a decree of divorce under Section 13(1)(ia) and Section 13(1)(ib) of the Hindu Marriage Act, 1955 was ..., was sufficient to entitle him to a decree of divorce. Under Section 13(1)(ia) of the Hindu Marriage Act, ‘cruelty’ is one of the grounds on which either the husband or the wife may seek dissolution...be missing in the instant case for the appellant in absence of cogent evidence, to be successful in his endeavour to dissolve the marriage on the ground of desertion, permissible under Section 13(1...
...Rajesh Kumar vs. Shashi whereby petition preferred by husband- appellant under Section 13(1)(ia), 13(1)(ib) of Hindu Marriage Act, 19...
.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
FAO No. 238 of...the arguments.
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3 Marriage of husband-appellant and wife-respondent was solemnized in the...
...whereunder application for divorce preferred by the appellant under Section 13(1)((ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (briefly, `Act') has been ...for dissolution of marriage under Section 13(1)(ia) and 13(1)(ib) of the Act ?
10. In order to appreciate rival contentions of the parties, I have examined the pleadings of the...to rebut the same nor respondent in her statement had stated anything suggesting that she is not working as Lecturer in Daga College, Raipur.
11. Section 13(1)(ia) and 13(1)(ib) ...
.../wife thereafter did not come forth to file the petition for divorce.
9. The appellant/husband thereafter filed the Petition under Section 13(1)(ia) and 13(1)(...Judgment dated 25.10.2013 dismissing divorce petition seeking divorce on the ground of cruelty and desertion in a petition filed by the appellant/husband under Sections 13(1)(ia) and 13(1)(ib) of.../husband under Sections 13(1)(ia) and 13(1)(ib) of HMA, 1955 on the ground of cruelty and
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desertion...
...Additional District Judge (Fast Track Court), Sabalgarh, District Morena in Case No.33 of 2009 (HMA); whereby, an application under Sections 13(1)(ia) and 13(1)(ib) of the HMA, for divorce on the ...respondent/wife is adamant and is not ready to live with him, he withdrew the application under Section 9 of the HMA and filed an application under Sections 13(1)(ia) and 13(1)(ib) of the HMA, for...examined the concept of cruelty. It was observed that the term 'cruelty' has not been defined in the Hindu Marriage Act. It has been used in Section 13(1)(ia) of the HMA in the context of human conduct...