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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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Bombay High Court Dismisses Husband's Challenge to Amendment in Restitution of Conjugal Rights Petition. Amendment Seeking to Add Grounds of Cruelty Based on Extra-Marital Relationship Held Permissible as It Does Not Introduce New Cause of Action Under Order 6 Rule 17 CPC.

The petitioner, Ariz Kohli, and the respondent, Tehzeeb Kohli, were married on 20 January 2002 under Muslim rites and have a son born on 1 August 2004...

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

The appellant-husband filed a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, seeking divorce on grounds of cruelty and des...

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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.

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...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Isolated instances of verbal abuse and filing of false complaints do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 20.5.1994 at Sumerpur, Rajasthan according to Hindu Vedic rites. After marriage, the wife re...

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Bombay High Court Dismisses Husband's Appeal for Nullity of Marriage on Ground of Sapinda Relationship, Upholds Wife's Right to Maintenance. Marriage Not Void Ab Initio as Customary Exception Proved and Sapinda Relationship Not Established Beyond Doubt Under Section 11 of Hindu Marriage Act, 1955.

The parties, husband and wife, married in January 1981 and separated in July 1981. They lived in a joint family property in Girgaum. The wife filed a ...

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Bombay High Court Upholds Assessee in Income Tax Reference on Clubbing of Trust Income Under Section 64(1)(vii) of Income Tax Act, 1961. Trust Created Pursuant to Divorce Decree Under Parsi Marriage & Divorce Act, 1936, Constitutes Adequate Consideration, Excluding Income from Clubbing Provisions.

The case pertains to an income tax reference under section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, Behram B. Dubash. The ...