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Thursday, January 15, 2026

Home Family Law

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

by PLRonline

August 4, 2021

in Family Law, Hindu Marriage Act, 1955

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HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

Family Law

[SC] Hindu Marriage Act, 1955, S. 13(1)(ia) and (ib) – Divorce – Cruelty and desertion –- Intention on the part of the respondent to resume cohabitation is not established – An inference can be drawn that there was animus deserendi on the part of the wife – Has not pleaded and established any reasonable cause for remaining away from her matrimonial home. [2022 PLRonline 0601]

February 18, 2024

Family Law

HMA S. 13(1)(1-a) – Desertion – Not made out – It is not expected that the wife should be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.

August 11, 2023

Family Law

Cruelty – Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

March 25, 2023

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

Family Law

HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

August 4, 2021

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

Bail – Considerations for grant of anticipatory bail

Related Posts

HMA S. 13(1)(1-a) – Desertion – Not made out – It is not expected that the wife should be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.

Cruelty – Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

Bail - Considerations for grant of anticipatory bail

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