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Search Results for "divorce pending"

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High Court

Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

29 Jan 2019

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

High Court

Bombay High Court Allows Family Court Appeal in Part, Sets Aside Decree of Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Remands Maintenance Issue for Fresh Adjudication. The court held that the Family Court failed to properly appreciate evidence of cruelty and ought to have decided maintenance along with divorce.

24 Mar 2023

The appellant (wife) filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, along with a claim for maintenance of Rs.80...

High Court

Bombay High Court Allows Wife's Maintenance Claim Under Section 125 CrPC Despite Divorce, Upholds Right to Maintenance Until Remarriage. The court held that a divorced Muslim wife is entitled to maintenance under Section 125 CrPC beyond iddat if unable to maintain herself, and the father must maintain his minor daughter irrespective of the wife's conduct.

11 Aug 2016

The present criminal writ petition was filed by the wife (Rehana Sultana Begum) and her minor daughter (Sayeeda Sultana) under Section 125 of the Code...

High Court

Bombay High Court considered challenge by applicant husband to conditional stay order in domestic violence proceedings, requiring deposit of Rs.5,00,000 before stay of distress warrant. The court's examination centered on whether the marriage was void due to respondent wife's pre-existing marriage, and whether such void marriage negated domestic relationship under Section 2(s) of Protection of Women from Domestic Violence Act, 2005.

17 Jul 2025

The applicant, a doctor, filed a criminal application before the Bombay High Court challenging a conditional order passed by the Additional Sessions J...

High Court

Bombay High Court Quashes Government Notification Appointing Delegates to Parsi Matrimonial Court for Non-Compliance with Section 25 of Parsi Marriage and Divorce Act, 1936. State Government's power under Sections 24 and 25 to appoint delegates is subject to mandatory requirement of consulting the Parsi community and following election procedure.

3 Mar 2006

The petitioner, Mrs. Delferooz Darius Dorabjee, filed a writ petition before the Bombay High Court challenging a Government notification dated 10.2.20...

High Court

Gujarat High Court Allows Transfer of Divorce Suit from Botad to Surendranagar on Wife's Plea of Convenience and Jurisdiction under Section 24 CPC. Wife's maintenance proceedings already pending at Surendranagar, and marriage was solemnized at Dhangadhra within Surendranagar district.

27 Mar 2026

The present application was filed by the wife, Gitaben Chandubhai Prajapati, under Section 24 of the Code of Civil Procedure, 1908, seeking transfer o...

High Court

Bombay High Court Considered Challenge to Family Court Order Rejecting Amendment in Divorce Petition Under Article 227. The Core Issue Was Whether Post-Trial Amendment Seeking Property Sale Relief Constituted a Bar under Order VI Rule 17 CPC and Changed the Suit's Nature.

3 Sep 2025

The Bombay High Court heard a writ petition under Article 227 of the Constitution of India challenging an order of the Family Court, Mumbai, which had...

High Court

Bombay High Court Quashes Domestic Violence Complaint Against Husband Due to Settlement and Lack of Domestic Relationship. The court held that since the wife had voluntarily left the matrimonial home and accepted a full settlement, the complaint under Sections 12, 18, 21, 23 of the Protection of Women from Domestic Violence Act, 2005 was not maintainable.

25 Sep 2014

The applicant, Amitabh Upadhyay, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Complaint...

High Court

Bombay High Court Dismisses Writ Petition Challenging Amendment in Divorce Petition — Amendment Allowed at Appellate Stage Under Order VI Rule 17 CPC as Necessary for Real Controversy. The court held that introducing facts about wife's skin disease and property transaction did not change the nature of the suit or introduce a new cause of action, as the ground of desertion remained the same.

28 Feb 2011

The petitioner, Mrs. Sushma Rameshwar Ubale, challenged an order dated 10.12.2010 passed by the Principal District Judge, Buldana, allowing an applica...

High Court

High Court of Karnataka Allows Wife's Petition to Set Aside Ex Parte Divorce Decree Due to Lack of Proper Service and Violation of Natural Justice. The court held that the Family Court erred in dismissing the wife's application under Section 151 CPC as the wife was not served with summons and the decree was passed without ensuring proper service.

29 Jul 2024

The petitioner, H.P. Komala (wife), filed a writ petition under Article 227 of the Constitution of India challenging the order dated 17.02.2020 passed...

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