...the petition was filed before the Family Court in the year 2015 alleging desertion under Section 13(1)(ib) of the Hindu Marriage Age, 1955 (the Act for short...this appeal reserving liberty to file a fresh petition under Section 13(1)(ib) of the Act or seek any other remedy available to the appellant under the said Act. Hence, the appeal is dismissed as...withdrawn. In view of disposal of the appeal, I.A.No.1/18 also stands disposed. Sd/- JUDGE Sd/- JUDGE ...

...1. Aggrieved by the order passed by the Family Court in M.C No. 24/2013 in allowing the petition filed by the respondent herein under Section 13(1)(ib) of the Hindu...the petition was filed under Section 13(1)(ib) of the Hindu Marriage Act on the ground of desertion. The case of the respondent/husband was one on desertion. The Family Court...

...F.I Rebello, J.:— The appellant had filed the petition for decree of divorce under Section 13(1)(ib) of Hindu Marriage Act, 1955. It was the case of the...reasons given the Court held that the petitioner has failed to prove that the respondent deserted him within the meaning of Section 13(1)(ib) of the Act and accordingly dismissed the petition. A reference...the appeal on behalf of the petitioner, the learned Advocate for petitioner contended that averments of the petition clearly discloses a cause of action under Section 13(1)(ib) of...

...of C.P.C. for amending the Petition so as to include the ground of desertion as contemplated by Section 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, 'Act...of desertion, it will be contrary to Section 13(1)(ib) of the Act.4. Mr. Nagi relied upon the decision of Apex Court in...record. Section 13(1)(ib) of the Act reads thus:"13. Divorce.(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented...

...PASSED IN M.C.NO.11/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, HUNUGUND, ALLOWING THE PETITION FILED UNDER Section 13 (1) (ib) of the Hindu Marriage...Maharashtra and Bengaluru for their livelihood. The respondent-wife filed a petition under Section 13 (1) (ib) of the Hindu Marriage Act and sought for divorce on the allegations...reconcile the parties. Thus, the trial Court has committed grave error in allowing the petition under Section 13 (1) (ib) of Hindu Marriage Act. 6. Per Contra...

... (ii xxx xxx" 5. Thus, it is evident that in order to seek the decree of divorce under Section 13(1)(ib) of the Act, the husband/wife should have deserted...was filed on 20.01.2014 on the ground of desertion under Section 13(1)(ib) of the Act. The Trial Court has failed to appreciate the aforesaid aspect of the matter. The impugned judgment and decree has...been therefore passed in violation of the mandate contained under Section 13(1)(ib) of the Act. The same, therefore, cannot be sustained in the eye of law. The impugned judgment and decree dated...

...the proceeding instituted by the respondent-husband under Section 13 (1) (ib) of Hindu Marriage Act, 1955 (for short Act) from Channarayapatna, Hassan District to K.R. Pete...is the case of the petitioner that the respondent and his family members ill-treated and harassed her. The respondent filed a petition under Section 13 (1) (ib) of the Act in the Court of Senior Civil..., the matter is heard finally. 2. In this petition under Section 24 of Code of Civil Procedure, 1908, the petitioner-wife, inter alia, seeks transfer of...

...on the ground of desertion, i.e, under Section 13(1)(ib) of the Hindu Marriage Act in favour of the husband as against wife.2. The respondent/husband in his...left, she also said that she is not willing to live with the respondent/petitioner. Therefore, the respondent/petitioner has filed the petition under Section 13(1)(ia) and (ib) of...documentary evidence of both sides, granted divorce on the ground of desertion, i.e, under Section 13(1)(ib) of the Hindu Marriage Act, 1955. Aggrieved by the said order...

...grounds mentioned in Section 13(1)(ib) of the Hindu Marriage Act, 1955 i.e. "has deserted the petitioner for a continuous period of not less...husband as the case may be, can present a petition for annulment of marriage on the ground mentioned in Section 13(1)(ib) after obtaining a decree for restitution of conjugal rights under...which means he is ready to keep the wife Smt. Tulsa Bai with him. The other suit which has been filed by him is on the ground of (ib) of Section 13(1) of the Act and this ground is the ground of...

...the instant petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955 on the ground that his wife has deserted him for a continuous period of more than two years...that she has not permanently forsaken or withdrawn from the matrimonial obligations and, therefore, there is no desertion on her part within the meaning of Section 13(1)(ib) of the Act. There is also no...her husband in his house and by refusing to do so by not resigning the job as commanded by her husband the respondent-wife had deserted him within the meaning of Section 13(1)(ib) of the Act. He has...

...31/03/1999 passed by District Judge, Satna in Civil Suit No.92-A/1997 whereby dismissing the appellant's (husband's) petition seeking divorce from the respondent (wife) filed under Section 13(1)(ib) of...the Act. Briefly stated, the appellant had filed a petition for divorce against the respondent on the ground of desertion enumerated under Section 13(1)(ib) of the Act. The said petition was opposed.... As regards the finding that the petition has been filed before lapse of two years preceding from the date of desertion and therefore no decree under Section 13(1)(ib) can be passed, we find that though...

....134/2013 (Old M.C.No.24/2012). The said matrimonial case was filed by the appellant husband under Section 13(1)(ib) of the Hindu Marriage Act, 1955 [hereinafter, referred to as the Act, for the sake.... 5. In view of the aforesaid facts, we deem it just and proper to dispose of this appeal, reserving liberty to the appellant to file a petition under Section 13(1A)(ii) of the Act, seeking...

...failed he filed the instant petition under section 13(1)(ib) of the Hindu Marriage Act, 1955 on the ground that his wife has deserted him for a continuous period of more than...-wife that she has not permanently forsaken or withdrawn from the matrimonial obligations and, therefore, there is no desertion on her part within the meaning of section 13(1)(ib) of the Act. There is...with her husband in his house and by refusing to do so by not resigning the job as commanded by her husband the respondent-wife had deserted him within the meaning of section 13(1)(ib) of the Act. He...

...Judge, Family Court, Bhagalpur.2. The appellant husband preferred an application under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (for brevity, “the Act”) for dissolution of marriage.... In this situation, the appellant has no option but to leave for Delhi on 20th April, 2004 alone. In this factual backdrop, the application under Section 13(1)(ib) of the Act was filed...with profit the submission of Mr. Bimlendu Mishra, learned counsel for the appellant, as is urged by him, that liberty be granted to file a fresh application for dissolution of marriage under Section 13(ia) and desertion as contemplated under Section 13(1)(ib) of...

..., seeks transfer of the proceeding instituted by the respondent-husband under Section 13(1) (ib) r/w Section 13(I-A)ii of the Hindu Marriage Act, 1955 (for short Act) to the...16.01.2013. The petitioner filed a petition under Section 13(1) (ia) and 13(1) (ib) of the Act against the respondent in the Court of III Additional Family Court, Bengaluru and the same is pending...consideration. The respondent has also filed a petition under Section 13(1) (ib) r/w Section 13(I-A)ii of the Act against the petitioner in the Court of Principal Judge, Family Court, Hubballi. In this...

...allowing the petition of the respondent/ husband for grant of divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, 'the Act...her parental home at Ujjain. The respondent-husband filed a petition against the appellant/wife on the ground of cruelty and desertion, for grant of decree of divorce under the provisions of Section 13 of the Act. The petition was contested on behalf of the appellant. The Trial Court on framing issues and recording evidence of the parties, allowed the petition and granted decree of divorce against the appellant only on the ground of desertion under Section 13(1)(ib) of..., 1992 MPLJ 864. 5. I have considered rival submissions of the Counsel for the parties and carefully perused the record. Under Section 13 of the Act, petition for divorce can be presented by either of the spouse of marriage for dissolution of marriage by a decree of divorce on the grounds sated under Section 13 of the Act. Under Section 13(1)(ib) of...

...Court, Palamau at Daltonganj in Matrimonial Case no. 14 of 2007 whereby and whereunder the petition filed by the appellant under Section 13(1)(ib) of the Hindu Marriage Act, 1955...under Section 13(1)(ib) of Hindu Marriage Act, 1955 against the present respondent, (the opposite party therein) seeking a decree of divorce.3. The present...Section 13(1)(ib) of Hindu Marriage Act, 1955, has also directed the appellant to pay permanent alimony of Rs. 1,50,000/- (rupees one lakh fifty thousand) to the present...

...divorce from the Petitioner under Section 13(1)(ib) of the Hindu Marriage Act, which is pending in the Court of Additional District Judge, Dibrugarh. Besides, a Misc. Case No...1. This order will dispose of Transfer Petition (C) Nos. 258-259 of 1997 and 785-786 of 1998. Both petitions have been filed by the petitioner-wife. 2. Marriage between...Criminal Case against the Respondent and her in-laws alleging offences under Section 498A/342/34 I.P.C. That case is pending before the learned S.D.J.M., Alipore. The Petitioner...

...reasonable cause, Appellant filed Petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955 and under 1(vi) and 4(a)(vi) of the Rules under the...cruelty to the Appellant and the marriage ought to have been dissolved under Section 13(1)(ib) of the Hindu Marriage...that there is nothing to show that the Respondent was not willing to live with the Appellant. It was further contended that even though Petition was filed under Section 13(1)(ib) and the requisite...

...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 dissolution of marriage on the ground of cruelty. But, the trial Court without considering the aspect of cruelty, dismissed the petition only on the ground that desertion under Section 13(1)(ib) of...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...