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1 - 10 of 11 (0.27 seconds)Section 13 in The Hindu Marriage Act, 1955 [Entire Act]
Section 9 in The Hindu Marriage Act, 1955 [Entire Act]
Hirachand Srinivas Managaonkar vs Sunanda on 20 March, 2001
This finding cannot be sustained in view of the judgment of the
Hon'ble Supreme Court in the case of Hirachand Srinivas Managaonkar
V. Sunanda (supra).
Naveen Kohli vs Neelu Kohli on 21 March, 2006
Similarly, the judgment of the Hon'ble Supreme Court in the
case of Naveen Kohli Vs. Neelu Kohlu (supra) can not be of any help to the
respondent at it is well settled law that a party cannot take advantage of his
FAO No. 155-M of 1998
-11-
own wrong. The divorce was granted by the learned matrimonial Court by
placing reliance on the Hon'ble Full Bench of this Court, wherein it was laid
down that a decree of divorce can be granted merely on showing that the
decree of restitution of conjugal rights did not stand complied with even if
the husband was at wrong.
Jasbir Kaur vs Dr. Harjinder Singh on 14 August, 2007
The judgment in the case of Jasbir Kaur @ Pinky Vs. Dr.
Harjinder Singh (supra) is not even remotely connected with the facts of
the present case as the divorce has been sought by the petitioner under
Section 13(1)(A)(ii) of the Hindu Marriage Act on the ground that the
decree of restitution of conjugal rights was not acted upon for a period of
one year from the date of passing of the decree.
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
The Code of Civil Procedure, 1908
Rakhi Nautiyal vs Mohit Nautiyal on 6 September, 2006
The learned counsel for the appellant also placed reliance on
the judgment of this Court in the case of Rakhi Nautiyal Vs. Mohit
Nautiyal 2007(1) RCR (Civil) 56 wherein this Court was pleased to lay
down that the husband could not be allowed to take advantage of his wrong,
it was held that when a party has not complied with the decree of restitution
of conjugal rights it does not have vested right to get divorce merely on the
ground that it is entitled to divorce on the plea that there is no cohabitation
between the parties even after one year of the passing of a decree of
restitution of conjugal rights.