AIR 2004 SUPREME COURT 5111 ::2004 AIR SCW 5857 ::2005 Bom CRSup 28 ::(2005) 1 MarriLJ 5 ::(2004) 2 CLR 560 (SC) ::2005 (1) Marr LJ 5 ::(2005) 1 WLC(SC)CVL 308 ::(2004) 23 IndLD 344 ::2004 (114) DLT 1 ::2005 (2) Civ LJ 510 ::(2005) ILR (Kant) 1378 ::(2005) 1 CivilCourtC 85 ::2004 (7) SCC 747 ::(2004) 3 RecCivR 543 ::(2005) 1 RecCivR 16 ::(2004) 8 Scale 388 ::2005 (1) All CJ 210 ::2004 (4) CurCC 74 ::(2005) 1 AllMR 59 (SC) ::(2004) 4 All WC 3206 ::2004 (2) Andh WR 637 ::(2005) 58 All LR 145 ::2005 (1) BLJ 408 ::(2005) 2 ChandCriC 20 ::(2004) 2 DMC 586 ::2004 (4) ICC 592 ::(2004) 4 CTC 774 (SC) ::(2004) MatLR 635 ::2005 (1) MPLJ 14 ::2005 (1) Mah LJ 381 ::(2005) 1 Mah LJ 380 ::2004 (3) Ker LT 820 ::(2004) 4 Raj LW 634 ::(2004) 2 Pun LR 476 ::(2005) 3 LandLR 324 ::(2005) 1 UC 279 ::2004 (6) SLT 1 ::2004 (7) Supreme 132 ::(2004) 6 AndhLD 80 ::2004 (6) AndhLT 61 ::(2004) 24 AllIndCas 759 (SC) ::(2005) 1 CurLJ(CCR) 310 ::2004 (10) SRJ 172 ::(2004) 8 JT 166 (SC)

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): S. N. Variava, H. K. Sema , JJ

(A) Hindu Marriage Act (25 of 1955) , S.13(1)(ib)— Divorce - Ground of desertion - Proof - Husband seeking divorce on ground that wife deserted him - Evidence on record however indicated that wife was forced to leave matrimonial home - Documents produced by husband in support of plea that she was holding herself out as wife of some other person - Neither referred nor relied on in petition - It was for first time when wife entered witness-box she was confronted with those documents - Documents were also not proved - Wife offered explanation to controvert allegations of bigamy - Ground of desertion cannot be said to be made out. (Para 9 10) (B) Hindu Marriage Act (25 of 1955) , S.13— Divorce - Ground, irretrievable break down of marriage - Court must not lightly dissolve marriage on this ground - It is only in extreme circumstances that the Court may use this ground - Husband seeking divorce by making baseless allegations against wife - It was only he who refused to take wife back - His complaint of bigamy against wife was dismissed - Wife at all stages was ready to go with husband - Marriage cannot be dissolved on ground of irretrievable break down, on request by such husband. (Para 13) .....