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Search Results for "divorce decree"

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High Court

Bombay High Court Quashes FIR and Charge Sheet in Rape Case Based on Promise of Marriage — Consensual Relationship Between Adults Not Constituting Offence Under Section 376 IPC. The court held that allegations of rape based on a false promise of marriage must be examined in the context of the parties' marital status, the duration of the relationship, and the complainant's conduct, and that the FIR was an abuse of process.

28 Feb 2025

The petitioner, a 58-year-old US citizen, challenged the FIR and charge sheet alleging rape under Section 376 IPC based on a promise of marriage. The ...

Supreme Court

Supreme Court Reverses High Court Order Granting Compassionate Appointment to Divorced Daughter Under Karnataka Civil Services Rules. Eligibility for compassionate appointment is strictly governed by statutory rules, and divorced daughter is not included under Rule 3(2)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996, which only provides for unmarried and widowed daughters.

13 Sep 2021

The dispute arose from a claim for compassionate appointment by a divorced daughter following her mother's death while employed as a Second Division A...

High Court

Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

3 May 2019

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

High Court

Bombay High Court Quashes FIR in Marital Rape Case Due to Compromise and Divorce. Section 376(b) IPC Not Attracted as Parties Were Divorced and Living Separately for Years.

16 Oct 2018

The applicant, Madhav Khodke, a teacher, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR...

High Court

Bombay High Court Allows Maintenance to Divorcée Despite Cruelty Ground for Divorce — Section 125 CrPC Entitlement Not Barred by Prior Decree of Divorce on Ground of Cruelty. The court held that the ground of divorce does not automatically disentitle a divorced wife from claiming maintenance under Section 125 CrPC; the court must consider her inability to maintain herself and conduct after divorce.

9 Feb 2018

The case involves a criminal writ petition filed by Smt. Abhilasha Kamble and her minor daughter against Nilesh Meshram and the State of Maharashtra. ...

High Court

Bombay High Court Restores Maintenance to Wife Despite Adultery Allegation — Cancellation of Maintenance Requires Proof of Adultery at the Time of Claim, Not Past Divorce Decree. Family Court's Reliance on Divorce Decree and Witness Testimony Held Insufficient to Prove Adultery Under Section 125 CrPC.

6 Oct 2017

The petitioners, Laxmi Dnyanadeo Netke (wife) and her minor son Vikas Dnyanadeo Netke, challenged the common order dated 17.7.2014 passed by the Famil...

High Court

Bombay High Court Upholds Divorce Decree on Ground of Cruelty Under Hindu Marriage Act — Wife's False Allegations of Adultery Constitute Mental Cruelty. Court affirms that unsubstantiated allegations of illicit relationship against spouse amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

21 Jan 2016

The appellant wife challenged the judgment and decree of the Family Court at Bombay dated 11th February 2008, which granted a divorce to the responden...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal in Family Court Appeal No. 134 of 2006. Husband Found at Fault for Preventing Restitution of Conjugal Rights, Disentitled to Divorce Under Section 23(1)(a) of Hindu Marriage Act, 1955.

2 Apr 2014

The appeal arose from a judgment of the Family Court at Bandra, Mumbai, dismissing the appellant-husband's petition for divorce under Section 13(1A) o...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Gandharva Marriage Valid for Inheritance. Marriage performed in Gandharva form is recognized under Hindu law, and children from such marriage are entitled to ancestral property share under Hindu Succession Act, 1956.

14 Oct 2005

The case involves a second appeal filed by the defendants against the judgment of the 2nd Additional District Judge, Nasik, which decreed the plaintif...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Upholds Wife's Restitution of Conjugal Rights — Cruelty Not Proven, Maintenance Granted. Husband failed to prove cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955; wife entitled to restitution under Section 9.

2 Aug 2005

The appellant-husband, Shri Mukund Shankar Shinde, filed two appeals against a common judgment and decree dated 31/12/2000 passed by the Family Court ...

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