Articles

Divorce – Dissolution of Marriage – Merely because parties where living separately under same roof and had no cohabitation will not give rise to cause of action for desertion.

Decree of Divorce – Ex-parte order – Ground of cruelty – Husband Primafacie not proving cruelty by wife – Decree liable to be set aside.

Divorce – Husband and wife living separately for more than 7 years – Irretrievable break down of marriage is no ground for grant of decree of divorce.

Order 39 Rule 1,2 – Interlocutory orders – Violation of, to be viewed seriously – Defiance of interlocutory or interim order would have deleterious effect on rule of law.

Divorce-cruelty-Both husband and wife leveling allegations of cruelty against each other – wife alleging cruelty on ground of demand of dowry – filling various complaints against husband and family members with exaggerated allegation – Failing to prove any manhandling or beatings for such demand – wife implicating all family members of husband residing at different places in various criminal cases – Intention of wife is to harass and pressurize husband and his family members – husband entitled to divorce on ground of cruelty.

Divorce-Ground, cruelty and desertion by wife – wife wanting to reside with husband at his work place – Not intending to reside with family members – wife visiting parents house without consent of parents of husband -Does not amount to cruelty or desertion.