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Madras High Court Allows Husband's Appeal for Divorce on Ground of Adultery Under Section 13(1)(i) of Hindu Marriage Act, 1955. Illicit Relationship Proved Through Circumstantial Evidence and Conduct of Wife.

The appellant, Manikandan, filed a Civil Miscellaneous Appeal under Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act...

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Madras High Court Dismisses Husband's Divorce Appeal in Cruelty Case — Allegations of Mental Cruelty Not Proven Beyond Doubt. Refusal of Sexual Intercourse and Threats Not Sufficiently Established to Grant Dissolution Under Hindu Marriage Act, 1955.

The appellant-husband filed a divorce petition under Sections 13(1)(i-b) and 13(1A) of the Hindu Marriage Act, 1955, before the Family Court, Krishnag...

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Supreme Court Allows Divorce on Ground of Irretrievable Breakdown of Marriage Using Constitutional Powers - Marriage Dissolved After 13 Years of Separation Despite Lower Courts Rejecting Statutory Grounds.

The dispute involved a matrimonial case where the appellant husband sought dissolution of marriage from the respondent wife. The parties were Indian c...

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Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree in Cruelty Case — Marriage Irretrievably Broken Due to Wife's Unfounded Allegations and Refusal to Cohabit. Section 13 of Hindu Marriage Act, 1955 — Cruelty Established by Husband's Evidence of False Complaints and Desertion.

The appellant-wife challenged the decree of divorce granted by the Family Court, Bellary, in Matrimonial Case No.221/2013 dated 30.10.2014, dissolving...

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Karnataka High Court Allows Wife's Appeal in Matrimonial Dispute Under Indian Divorce Act — Restitution of Conjugal Rights Dismissed, Divorce Granted on Grounds of Cruelty and Adultery. Wife's Petition for Restitution Allowed and Husband's Divorce Petition Dismissed as Grounds Not Proven.

The case involves two appeals filed by the wife, Mrs. Mabel Treeza Pinto, against a common judgment and decree dated 20.1.2011 passed by the Principal...

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Bombay High Court Allows Revision Application in Hindu Marriage Act Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service. Service by affixture without prior attempts at personal service is not sufficient compliance with Order 5 Rule 17 CPC.

The revision applicant, Kishore @ Sundar s/o Rupchand Gujar, filed a Hindu Marriage Petition No. 96 of 2007 seeking divorce from his wife, Archana w/o...

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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.

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