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Search Results for "foreign divorce"

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High Court

Bombay High Court Allows Petition for Declaration of Foreign Divorce Decree as Conclusive in Goa Under Section 13 CPC. Marriage registered in Goa dissolved by UK Family Court; court holds foreign decree is conclusive between parties and directs Civil Registrar to record dissolution.

19 Jul 2023

The petitioner, Ms. Merlina Pegado, filed a Miscellaneous Civil Application before the Bombay High Court at Goa seeking a declaration that a decree of...

High Court

Bombay High Court Sets Aside Family Court Order Dismissing Wife's Divorce Petition as Res Judicata, Holding Dubai Divorce Decree Not Conclusive. The court ruled that a foreign divorce granted by a court lacking jurisdiction under the parties' personal law and not adjudicated on merits cannot bar a subsequent petition under the Hindu Marriage Act, 1955, and Section 13 of the Code of Civil Procedure, 1908.

11 Aug 2017

The appeal arose from the order of the Family Court at Bandra, Mumbai, which dismissed the wife's petition for divorce, maintenance, and accommodation...

High Court

Bombay High Court Dismisses Wife's Appeal Against Divorce Decree for Non-Resumption of Cohabitation. Court Upholds that Wife's Refusal to Join Husband in USA and Inaction on Restitution Decree Justifies Divorce Under Section 13(1A)(ii) of Hindu Marriage Act, 1955.

23 Aug 2017

The appeal arose from a matrimonial dispute where the wife challenged the Family Court's decree of divorce granted to the husband on the ground of non...

High Court

Parsi Chief Matrimonial Court Grants Divorce by Mutual Consent Under Section 32B of Parsi Marriage and Divorce Act, 1936 — Irretrievable Breakdown of Marriage Established. The court dissolved the marriage of a Parsi couple who had been living separately since 2018 due to temperamental differences, with no children and mutual consent.

18 Feb 2022

This is a suit for divorce by mutual consent filed by Rohinton Minoo Surty (Plaintiff No.1) and Kashmira Rohinton Surty (Plaintiff No.2) under Section...

High Court

Bombay High Court Allows Husband to Amend Written Statement Based on Foreign Divorce Decree and Permits Withdrawal of Consent to Mutual Divorce. The Court held that amendment under Order 6 Rule 17 CPC is necessary for just adjudication and that consent under Section 13B of Hindu Marriage Act can be withdrawn unilaterally before decree.

22 Jan 2018

The petitioner-husband, Vishal Nitinkumar Kondhia, and the respondent-wife, Jahnvi Vishal Kondhia, were parties to matrimonial proceedings before the ...

High Court

Bombay High Court Allows Wife's Appeal for Divorce on Grounds of Cruelty and Desertion Under Section 10 of the Indian Divorce Act, 1869. The court found that the husband's desertion and cruelty were proved, reversing the trial court's dismissal.

28 Oct 2005

The appellant, Mrs. Conceicao Fernandes, filed a suit for divorce and dissolution of marriage against her husband, Milagres Fernandes, under the India...

High Court

Bombay High Court Dismisses Wife's Challenge to Family Court Jurisdiction in Divorce Petition — Husband's Residence in Mumbai and Marriage Reception Confer Jurisdiction Under Section 19 of Hindu Marriage Act, 1955. The court held that the husband's residence in Mumbai at the time of filing the petition and the marriage reception held in Mumbai were sufficient grounds for the Family Court, Mumbai to entertain the divorce petition, despite the parties being NRI spouses.

15 Apr 2024

The petitioner, Ms. Shikha Lodha (wife), and the respondent, Mr. Suketu Shah (husband), were married on 7 June 2015 in Jodhpur, Rajasthan, according t...

High Court

Bombay High Court Dismisses Husband's Appeal Challenging Family Court Jurisdiction in Divorce Petition Filed by Wife in Pune. Wife's Residence in Pune Confers Jurisdiction Under Section 19(iii)(a) of Hindu Marriage Act, 1955 as She is the Petitioner.

11 Dec 2014

The appellant husband, a US citizen, married the respondent wife on 21st November 2002 in India. The marriage was registered on the same day. The part...

High Court

Bombay High Court Dismisses Husband's Petition Seeking Anti-Suit Injunction Against Wife in Cross-Border Matrimonial Dispute. Family Court's Refusal to Restrain Wife from Pursuing Proceedings in Australia Upheld on Grounds of Comity and Forum Non Conveniens.

23 Aug 2021

The petitioner-husband, Milind Ashok Kalamkar, and the respondent-wife, Sheetal Milind Kalamkar, were married in Mumbai on 30 November 2004 under Hind...

High Court

Bombay High Court Quashes Criminal Proceedings in Matrimonial Dispute Following Foreign Divorce Decree — Abuse of Process of Law. Consent of Informant and Foreign Divorce Decree Lead to Quashing of FIR Under Sections 498-A, 406, 506 IPC.

9 Sep 2025

The applicants, Rahul Vishwas Mahajan, his parents Vishwas Ramdas Mahajan and Vaishali Vishwas Mahajan, filed an application under Section 482 of the ...

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