1. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 - Amendment of plaint - Here in this case, only the pleadings are over and the explanation has been given by the petitioner that earlier he decided not to bring his own family in dispute by alleging that his wife was living in adultery - But later on with the passage of time, he felt that he should bring this fact on record for the purpose of seeking divorce from the respondent and therefore, hesitantly he has sought the amendment even after the written statement is filed by the respondent - Amendment allowed. (177) P.L.R.  
  2. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Cruelty - Has admitted that after marriage she pursued her studies only at the expense of the appellant - The above admissions made by the respondent would go to show that the respondent had come out with a false allegation that there was demand of dowry made by the appellant - Such a version of the respondent demolishes her case that she was treated cruelly without any semblance of love and affection shown by the appellant. Hindu Marriage Act, 1955 (25 of 1955) S. 9 - Impotency - It is a case where there is no medical evidence to establish such a wild allegation of impotency attributed to the appellant - Further, there is also an unambiguous admission by the respondent that she had normal sexual relationship with the appellant during her stay with him in the matrimonial house - Under such circumstances, the main ground that the appellant was impotent is found not established by the respondent.       (177) P.L.R.  
  3. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Cruelty - Withdrawal of the consent of the appellant in the petition under Section 13-B of the Act - Amount received by the appellant was not returned and why she could not make up her mind regarding saving the marriage though she had ample opportunity to do so as the amount towards permanent alimony was received by her in three instalments - Failed to prove there was any demand of dowry by her husband and in-laws or that she had a valid explanation for leaving the matrimonial home - Cruelty proved. (176) P.L.R.  
  4. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Decree for restitution of conjugal rights - Once there is second marriage by the husband, it certainly amounts to mental cruelty, if not physical, which is one of the grounds for divorce; as such is a reasonable excuse to withdraw from the society of the husband - Such a behaviour is sufficient which may warrant withdrawal from the society by wife. (175) P.L.R.  
  5. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Decree of restitution of conjugal rights - Court cannot compel the defaulting spouse to physically return to the comfort-consortium of the decree holder spouse. (175) P.L.R.  
  6. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Decree of restitution of conjugal rights - Is  a mutually obligatory decree; purpose being to get the spouses join to lead conjugal rights - The fundamental rule of matrimonial law is that the spouse is entitled to the society, comfort-consortium of the other spouse - When either spouse has abandoned or withdrawn from the society of the other spouse without a reasonable excuse or just cause then the Court can grant a decree for restitution of conjugal rights and the same can be executed as contemplated under Order 21 Rules 32 and  33 - Civil Procedure Code, 1908 (V of 1908).  (175) P.L.R.  
  7. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Desertion - `Desertion' is "a withdrawal not from spouse, but from state of things" - The essential ingredients that may furnish a ground for relief are; (i) The factum of separation; and (ii) the intention to prove cohabitation permanently to an end - animus deserendi - Element of permanence is a prime contention which requires that both the aforesaid essentials continues during the entire statutory period.  (180) P.L.R.  
  8. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Very important feature of the restitution of conjugal rights is in the nature of remedy aimed at preserving the marriage not disrupting it - The Section appears to serve the purpose of prevention of the breakup of marriage and can be termed as an attempt to save the marriage. (175) P.L.R.  
  9. Hindu Marriage Act, 1955 (25 of 1955) S.  9 - Visiting rights of the parties to meet their children - Many times the orders are passed for fixing the place of meeting in the court, as is in the case in hand as well - The atmosphere in the court is not such, where the child of a tender age should be asked to come to meet his/her father/mother or any other family members - Instead of that, it would be appropriate, if at all, the court is to be fixed as a meeting place, it should be in the ADR Centres, which are existing in all the districts, where the atmosphere is quite congenial - For the purpose, if required, it can be under the supervision/guidance of the Secretary, District Legal Services Authority or any other officer/official working in the ADR Centres. (178) P.L.R.  
  10. Hindu Marriage Act, 1955 (25 of 1955) S.  9, 13 - Appellant-wife left the matrimonial house without any reasonable excuse and was intended to get herself re-married with some financially sound family - She left the company of the child voluntarily and never sought any custody of minor during the entire period - Counter-claim set up by the husband was under Section 9 of the Act - The husband was ready and willing to join the company of the wife and sought decree for restitution of conjugal right - Grant of decree under Section 9 of the Act falsified the claim of the appellant-wife under Section 13 of the Act.  (183) P.L.R. 


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