Search Results Page
Search Results
1 - 10 of 10 (0.41 seconds)Section 27 in The Special Marriage Act, 1954 [Entire Act]
Section 11 in The Special Marriage Act, 1954 [Entire Act]
The Code of Civil Procedure, 1908
Section 13 in The Special Marriage Act, 1954 [Entire Act]
Savitri Pandey vs Prem Chandra Pandey on 8 January, 2002
15. It is clear from the statement of wife that she did not make any
effort to go back to her husband and that she went to her parental
house of her own. The Hon'ble Supreme Court in the matter of Savitri
Pandey Vs. Prem Chandra Pandey reported in (2002) 2 SCC 73,
observed in paras 6 & 9 of its judgment as under:
Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963
"7. We have given careful consideration to her submissions.
Firstly, we deal with the issue of desertion. The learned
counsel appearing for the appellant relied upon the decision
of this Court in the case of Lachman Utamchand Kirpalani
(supra) which has been consistently followed in several
decisions of this Court. The law consistently laid down by
this Court is that desertion means the intentional
abandonment of one spouse by the other without the
consent of the other and without a reasonable cause. The
deserted spouse must prove that there is a factum of
separation and there is an intention on the part of deserting
10 / 11
spouse to bring the cohabitation to a permanent end. In
other words, there should be animus deserendi on the part
of the deserting spouse. There must be an absence of
consent on the part of the deserted spouse and the conduct
of the deserted spouse should not give a reasonable cause
to the deserting spouse to leave the matrimonial home. The
view taken by this Court has been incorporated in the
Explanation added to sub-section (1) of Section 13 by Act
No.68 of 1976. The said Explanation reads thus:
Article 136 in Constitution of India [Constitution]
Debananda Tamuli vs Smti Kakumoni Kataky on 15 February, 2022
16. The Hon'ble Supreme Court in the case of Debananda Tamuli
Vs. Kakumoni Kataky reported in (2022) 5 SCC 459 observed in
para 7 of its judgment as under:
Section 2 in The Special Marriage Act, 1954 [Entire Act]
1