Search Results for "Divorce Petition"

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Search Results for "Divorce Petition"

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Supreme Court

Supreme Court Dismisses Husband's Divorce Appeal in Cruelty and Adultery Case — Irretrievable Breakdown Not a Ground for Divorce Under Hindu Marriage Act, 1955. Court holds that allegations of adultery and cruelty must be proved by evidence, and irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

1 Jan 2026

The present appeal arises from a judgment of the Allahabad High Court dismissing the husband's appeal against the Family Court's order rejecting his d...

High Court

Bombay High Court Allows Husband's Appeal in Property Dispute After Divorce — Order 2 Rule 2 CPC Bar Not Applicable. The court held that a claim for declaration of ownership of a jointly owned flat filed after a divorce decree is not barred by Order 2 Rule 2 CPC as the cause of action for divorce and property relief are distinct.

23 Aug 2024

The appellant-husband and respondent-wife were married in 1967 and had two sons. In 1996-97, they purchased a flat in Mumbai in their joint names. In ...

Supreme Court

Supreme Court Allows Appeal in Cheating and Bigamy Case — Prima Facie Case Made Out for Summoning Under Section 420 IPC. The Court held that at the preliminary stage of summoning, the Magistrate need only find a prima facie case, and the allegations of showing a forged divorce decree and inducing marriage and payment of money constitute such a case under Section 420 read with Section 120-B IPC.

26 Apr 2024

The appellant husband filed a criminal complaint alleging that the respondent no.1 wife, along with her relatives (respondent nos.2 and 3), cheated hi...

High Court

Bombay High Court Allows Revision in Muslim Divorce Maintenance Case — Husband's Plea of Divorce Not Considered by Family Court. Court remands matter for fresh consideration of divorce plea under Muslim Personal Law and its effect on maintenance under Section 125 CrPC.

13 Sep 2023

The case involves a criminal revision application filed by the husband (applicant) challenging the judgment dated 13-2-2023 passed by the Family Court...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce on Ground of Cruelty Under Special Marriage Act — Allegations of Mental Cruelty Not Proved. Court holds that mere allegations of pre-marital affair and rude behavior without corroborative evidence do not constitute cruelty under Section 27(d) of the Special Marriage Act, 1954.

7 Apr 2021

The appellant-husband, Sunesh Sudhakar Rele, filed a Family Court Appeal against the judgment and order dated 2nd April 2012 passed by the Family Cour...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

High Court

Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

8 Dec 2016

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

High Court

Bombay High Court Dismisses Both Husband's Divorce Appeal and Wife's Restitution Appeal in Hindu Marriage Act Case Due to Lack of Cruelty and Lack of Genuine Intention to Cohabit. Refusal to Transfer Job and Incompatibility Do Not Amount to Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955, and Wife's Restitution Petition Was Not Bona Fide.

3 Oct 2013

The case involves two cross-appeals arising from a matrimonial dispute between V (husband) and N (wife), who were married on 25th December 1996 in Pun...

High Court

Bombay High Court Allows Maintenance Petition Under Section 125 CrPC for Wife and Children Despite Husband's Objections Based on Divorce and Remarriage. Court Holds That a Muslim Husband's Obligation to Maintain Wife Continues Until She Remarries, and Maintenance for Children Is Not Affected by Divorce.

12 Aug 2005

The petitioner, Elizabeth Nagendra Addakallu, filed a Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482 of t...

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