Search Results for "divorce pending"

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Search Results for "divorce pending"

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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...

High Court

Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC.

7 Mar 2012

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section ...

High Court

High Court of Judicature at Bombay Hears Appeal Against Family Court Judgment Declaring Respondent Sole Owner of Juhu Flat After Original Appellant's Death Renders Judicial Separation and Divorce Claims Not Pressed. Court Considers Whether 50% Share Claim Can Be Based on Benami Transaction (Prohibition) Act, 1988, Section 14 of Hindu Succession Act, 1956, and Limitation Act, 1963 Despite Not Being Pleaded.

1 Apr 2024

Background: The appeal arose from matrimonial proceedings between Rajeshri V. Mahesh (the original appellant) and Mahesh Vennalakanti (the respondent)...

High Court

Bombay High Court Allows Transfer of Divorce Petition from Wardha to Nagpur on Wife's Convenience — Section 24 CPC. Wife's Employment and Child Care Responsibilities Considered Paramount for Transfer Under Section 24 of Code of Civil Procedure, 1908.

17 Jun 2015

The applicant wife filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of H.M.P. No.376 of...

High Court

Bombay High Court Allows Husband's Petition to Quash Conviction Under Section 498-A IPC After Mutual Divorce and Settlement. Court Exercises Inherent Powers Under Section 482 CrPC to Quash Conviction to Prevent Abuse of Process and Secure Ends of Justice.

25 Jul 2006

The petitioner, Kiran Tulshiram Ingale, was convicted under Section 498-A of the Indian Penal Code, 1860 by the trial court for cruelty towards his wi...

High Court

Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

21 Dec 2023

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Stridhan Case Due to Lack of Locus Standi and Inordinate Delay. Father of divorced daughter cannot file complaint for recovery of stridhan when daughter is alive and capable, and marital issues were settled in divorce decree.

20 Sep 2024

The Supreme Court allowed the appeal filed by the former in-laws of the complainant's daughter, quashing criminal proceedings under Section 406 IPC an...

High Court

High Court of Gujarat Rejects Application to Transfer Matrimonial Suit from Vadodara to Godhra Due to Insufficient Grounds and Availability of Video Conferencing. Court Highlights That Mere Inconvenience Due to Distance and Family Illness Does Not Justify Transfer Under Section 24 CPC When Video Conferencing Facility Exists.

27 Mar 2026

The High Court of Gujarat considered an application under Section 24 of the Code of Civil Procedure, 1908 filed by the wife seeking transfer of a divo...

High Court

Bombay High Court Hears Challenge to Anti-Suit Injunction Restraining Husband from Pursuing Divorce Case in Dubai; Examines Principles of Comity, Forum Conveniens, and Multiplicity of Proceedings Under CPC and Specific Relief Act. The family court’s order ignoring the habitual residence of the wife and child in a foreign jurisdiction was under scrutiny for failing to apply the principles of comity and forum conveniens.

29 Apr 2013

The dispute arose out of a matrimonial conflict between husband and wife, both Indian nationals, who were married in India and last resided together i...

High Court

Madras High Court Allows Husband’s Appeal Under Hindu Marriage Act, 1955, Setting Aside Family Court’s Dismissal of Divorce Petition. Wild Allegations Including Terrorist Links Against Police Constable Constitute Mental Cruelty, Making Marital Relationship Unworkable.

21 Feb 2025

The husband, employed as a police constable, filed a divorce petition before the Family Court, Sivagangai, under the Hindu Marriage Act, 1955, seeking...

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