Search Results for "dissolution"

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Search Results for "dissolution"

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High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Restitution Appeal in Hindu Marriage Act Case — Mental Cruelty and Epilepsy Not Proven as Grounds for Divorce. The court held that allegations of cruelty and mental disorder must be proved by independent evidence, and epilepsy without unsound mind is not a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955.

26 Sep 2023

The case involves two cross-petitions between Harish @ Roshan Bhaskar Karnewar (husband) and Leelavati @ Reena Karnewar (wife). The husband filed Peti...

High Court

Bombay High Court Allows Husband's Second Appeal in Divorce Case on Ground of Cruelty and Irretrievable Breakdown of Marriage. The court restored the trial court's decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, finding that the wife's conduct amounted to cruelty and the marriage had irretrievably broken down due to long separation.

21 Nov 2022

The present Second Appeal is filed by the original Petitioner – Husband challenging the judgment and decree passed by the 2nd Ad-hoc Additional Dist...

Supreme Court

Supreme Court Upholds Divorce Decree on Irretrievable Breakdown of Marriage While Directing Maintenance for Minor Son. Husband's Remarriage and Long Separation Justify Invocation of Article 142 to Sustain Dissolution Despite Concurrent Findings of Cruelty and Desertion.

1 Dec 2021

The Supreme Court heard an appeal by the wife against the High Court's dismissal of her appeal challenging the Family Court's decree of divorce on gro...

High Court

Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Wife's Abnormal Behaviour and False Criminal Complaint Constitute Mental Cruelty. Filing of false Section 498-A IPC case and persistent abnormal conduct held to be cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

18 Feb 2021

The appellant husband married the respondent wife about 14 years before filing the divorce petition. They had two children: a son Pandurang born in 19...

Supreme Court

Supreme Court Refers Challenge to Abrogation of Article 370 to Larger Bench Due to Conflicting Precedents. The Court finds conflicting views on whether Article 370 is temporary or permanent, requiring resolution by a larger Bench.

2 Mar 2020

This order by the Supreme Court of India deals with a preliminary issue in a batch of petitions challenging the constitutional validity of two Constit...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

8 Mar 2019

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

High Court

Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

6 Nov 2012

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside District Court Order That Had Set Aside Arbitral Award in Partnership Dispute. The court held that the District Court exceeded its jurisdiction by reappreciating evidence and substituting its own view, which is not permissible under Section 34 of the Arbitration and Conciliation Act, 1996.

11 Oct 2012

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by the appellants (partners of a firm) against the o...

High Court

Bombay High Court Allows Second Appeal in Divorce and Property Division Case Under Portuguese Civil Code — Sets Aside Ex-Parte Decree for Violation of Natural Justice. Failure to Serve Counterclaim and Proceed Ex-Parte Without Notice to Respondent Rendered the Trial Court's Decree Unsustainable.

4 Aug 2010

The case arises from a matrimonial dispute between Sebastiao Paulo Fernandes (appellant/husband) and Filomena Fernandes (respondent/wife). The wife fi...

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