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1 - 7 of 7 (0.73 seconds)The Code of Civil Procedure, 1908
Section 10 in Indian Divorce Act, 1869 [Entire Act]
R.Lakshmi vs K.Saraswathi Ammal on 27 September, 1996
In the light of the dicta laid down by the Supreme Court in
R.Lakshmi (supra), we were of the opinion that the cause in the
appeal survives for adjudication. Hence, we have heard the
learned counsel for both sides on merits on 30.12.2016 and
when we proposed to dictate the judgment in the open Court on
that day, Mr. B.Purushotham Reddy, the learned counsel for the
petitioner, requested for an adjournment to get instructions
from his client-respondent No.2 herein as to whether she is
willing to part with a reasonable part of the family properties, in
which her son has a share. Accepting this request, we have
adjourned the case to today. Today, when the case was called in
the pre-lunch session, none appeared for the petitioner. Even
after the case was passed over, no one represented the petitioner
in the post-lunch session. Therefore, we have chosen to dispose
of the case on merits.
Section 28 in The Hindu Marriage Act, 1955 [Entire Act]
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963
This judgment was referred to and reiterated by the
Supreme Court in Lachman Utamchand Kirpalani Vs. Meena @
Mota
When we examine the case on record keeping in view the
above noted legal position, we are of the opinion that the
petitioner miserably failed to prove animus deserendi on the
part of the respondent, a sine qua non for grant of decree of
dissolution of marriage on the ground of desertion.
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