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Bombay High Court Examines Appeal Against Divorce Decree on Ground of Desertion; Maintenance for Minor Child Remains in Dispute. The Family Court’s Finding of Desertion Under Section 13(1)(i-b) is Challenged, Alongside Adequacy of Maintenance.

This appeal arose from the judgment and decree of the Family Court No. 2, Bandra, dissolving the marriage solemnized on 14 May 1992 between the appell...

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Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

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Supreme Court Allows Waiver of Six-Month Waiting Period Under Section 13B(2) of Hindu Marriage Act in Mutual Consent Divorce Case. Court Holds That Statutory Cooling Period Is Directory and Can Be Waived When Marriage Has Irretrievably Broken Down and Parties Have Been Separated for Over One Year.

The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had upheld the Family Court's refusal to waive the...

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Parsi Chief Matrimonial Court Grants Divorce on Ground of Cruelty Under Section 32(dd) of Parsi Marriage and Divorce Act, 1936 — Wife Proves Mental Cruelty by Husband's Behavior Rendering Cohabitation Improper.

The plaintiff wife instituted a suit under Section 32(dd) of the Parsi Marriage and Divorce Act, 1936, seeking divorce on the ground that the defendan...

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Bombay High Court Allows Wife's Appeal Against Conversion of Divorce Petition to Mutual Consent Divorce Without Proper Consent. Family Court's Order Set Aside for Non-Compliance with Section 13B of Hindu Marriage Act, 1955.

The appellant-wife, Mrs. Bharti Bhausaheb Aher, filed an appeal against the judgment and order dated 20.6.2015 passed by the Principal Judge, Family C...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Adultery Based on DNA Test Excluding Paternity. DNA test report conclusively proved that the husband was not the biological father of the child born to the wife, establishing adultery under Section 13(1)(i) of the Hindu Marriage Act, 1955.

The appellant-husband Gajanan Deshpande filed a divorce petition under the Hindu Marriage Act, 1955, alleging that his wife Smita Deshpande committed ...

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Bombay High Court Dismisses Husband's Divorce Appeal in Cruelty Case — Allegations of Dowry Demand and Harassment Not Proved. Court Held That Isolated Instances of Quarrels Do Not Amount to Cruelty Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The appellant husband, Vishnu s/o Babanrao Yadav, filed a Family Court Appeal before the Bombay High Court, Aurangabad Bench, challenging the judgment...