Search Results for "Consent divorce"

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Search Results for "Consent divorce"

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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 Wife's Appeal Against Divorce Decree in Hindu Marriage Act Case — Remand for Fresh Consideration on Subsequent Cause of Action. The court held that a second divorce petition based on a cause of action arising after dismissal of earlier petition is maintainable under Order IX Rule 9 CPC and Section 13(1)(ia) of Hindu Marriage Act, 1955.

3 Oct 2017

The appellant wife challenged the judgment and decree of the Family Court at Aurangabad in Hindu Marriage Petition No. A-220/2010, which dissolved her...

High Court

Bombay High Court Dismisses Husband's Appeal in Family Court Appeal No.76 of 2015 — Upholds Family Court's Refusal of Judicial Separation and Divorce on Grounds of Cruelty and Desertion. Allegations of Misrepresentation of Age and Educational Qualifications Not Sufficient to Constitute Cruelty Under Hindu Marriage Act, 1955.

23 Feb 2021

The appellant-husband, Kartik Narayan Dhawle, filed Family Court Appeal No.76 of 2015 under Section 19 of the Family Courts Act, 1984, challenging the...

High Court

Karnataka High Court Allows Compassionate Appointment to Divorced Widow Despite Mutual Divorce, Holding That Divorce Does Not Automatically Disqualify Claim Under Karnataka Civil Services (Compassionate Grounds) Rules, 1996. The court set aside the rejection of the appellant's claim for compassionate appointment and family pension, directing reconsideration without treating the divorce as a bar.

15 Nov 2022

The appellant, Smt. Surekha, was married to Prakash Doshetty, a teacher who died in harness on 29.10.2019. She claimed compassionate appointment and f...

High Court

Bombay High Court Dismisses Wife's Appeal, Upholds Divorce and Denies Maintenance in Hindu Marriage Act Case. Wife's persistent demand for separate residence and false allegations of impotency constituted cruelty and desertion, disentitling her to maintenance.

4 Feb 2005

The appellant wife, Mrs. Meena Dinesh Parmar, filed an appeal against the judgment and order of the Family Court, Pune, dated 26.2.2001, which granted...

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 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 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 ...

Supreme Court

Supreme Court Enforces Mediation Settlement in Matrimonial Transfer Petition Despite Wife's Resiling. Wife's Recalcitrant Conduct After Accepting Benefits and Husband's Withdrawal of Case Leads to Direction for Mutual Consent Divorce Under Section 13-B Hindu Marriage Act, 1955.

10 May 2024

The case arose from a transfer petition filed by the wife seeking transfer of a matrimonial case under Section 9 of the Hindu Marriage Act, 1955 from ...

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...

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