Civil Miscellaneous Appeal No.797/03,
setting aside the decree of divorce granted in his favour.
3. The appellant-husband is working as Assistant Registrar ... dismissing the petition for restitution of
conjugal rights and granting decree of divorce inter alia held that the
respondent-wife stayed in the appellant-husband
appellant has filed a petition under the Hindu
Marriage Act, 1955 for divorce. The Family Court after
comprehensively dealing with the matter ordered
cancellation ... allowed and the decree passed by the Family
Court, Kanpur City seeking divorce and annulment of the
marriage was dismissed.
The appellant aggrieved
unusual case calling for
an unusual solution. The husband sued for divorce on the
ground that the wife is guilty of adulterous course of life ... husband then amended his petition; he alleged a new
ground for divorce viz., mental cruelty. According to him,
the allegations made in the written statement
wanted to pressurise the appellant and her parents to
agree for a divorce by mutual consent. On 21st June, 1987
when a meeting of relations ... Trial Court on
assessing the evidence on record, dismissed the petition
for divorce filed by the respondent.
The respondent filed an appeal
restitution of conjugal rights.
6. The respondent, in his petition for divorce, pleaded that after
abandoning formal education, he pursued his career in music treating ... therefore, there was no
justification for grant of a decree of divorce.
8. The learned Family Judge framed seven issues and, considering the oral
grant
of decree of divorce. Being aggrieved by the said order, the appellant filed an appeal
before the High Court. The High Court vide order ... ground that she has not made out any case for grant
of divorce. It was submitted that the appellant even before the marriage was having
husband filed a suit for dissolution of
marriage by a decree of divorce under Section 13(1)(1a) of the Hindu
Marriage ... petitioner,
therefore, moved an application before this Court for transfer of divorce
suit pending before the Family Court Bombay to the Family Court at
Hyderabad
Hindu Marriage Act, 1955 to make the motion for a decree of divorce
after at least six months from the date of filing the petition ... divorce
by mutual consent under Section 13B(1) of the said Act.
Signature Not Verified
Digitally signed by 3. The Appellant and the Respondent, both
Thereafter, the couple started residing separately. On
21.8.1984, a joint petition for divorce was filed under
Section 13B of the Hindu Marriage ... than eighteen months, the Court, shall, after enquiry, pass
a decree of divorce by mutual consent. On 4.4.1985, the
husband alone moved an application praying
evidence he corroborated the facts
made in the original application for divorce. He has also stated that he is not willing to
stay with ... whether there is just and
sufficient cause to pass a decree of divorce against the respondent-wife on the grounds
of cruelty and desertion
