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Search Results for "divorce pending"

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High Court

Bombay High Court Allows Husband's Petition Against Wife's Demand for Compulsory Sexual Relations or IVF. Court holds that forcing a spouse to procreate violates Article 21 and is against public policy.

21 Nov 2019

The case involves a marital dispute between a husband (petitioner) and wife (respondent). The husband filed for divorce at Panvel, while the wife file...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Maintainability of Appeal Before District Court in Divorce Case. Legal Fiction Under Article 317 of Portuguese Civil Procedure Code Does Not Confer Exclusive Appellate Jurisdiction on High Court for Divorce Proceedings.

30 Nov 2012

The petitioner, Adolfo Joildo Felix Rodrigues, filed a writ petition before the Bombay High Court at Goa challenging the order dated 12/10/2012 passed...

High Court

High Court of Karnataka Allows Wife's Petition to Refer Nullity Proceedings to Mediation in Hindu Marriage Act Case — Emphasizes Mandatory Mediation Referral Under Section 12(1)(c) of Hindu Marriage Act, 1955 and Section 89 CPC.

31 Oct 2014

The petitioner, Bhavana Ramaprasad, wife of Yadunandan Parthasarathy, filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

High Court

Bombay High Court Dismisses Husband's Appeal in Restitution of Conjugal Rights Case Under Indian Divorce Act, 1869 — Fresh Evidence Appreciation Found No Merit as Criminal Complaint for Adultery Contradicted Willingness to Cohabit. Held that Section 32 of the Indian Divorce Act, 1869 requires satisfaction that the spouse withdrew without reasonable excuse, and a pending criminal complaint alleging unchastity caused a serious dent to the petitioner's truthfulness.

14 Oct 2021

The High Court of Judicature at Bombay, Nagpur Bench, adjudicated a first appeal arising from the dismissal of a petition for restitution of conjugal ...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was Granted on Ground of Desertion. The Court Ruled That Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women and That Delay in Filing Maintenance Petition Is Not a Bar.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

High Court

High Court of Judicature at Bombay Allows Husband's and Wife's Cross-Writ Petitions, Quashing Principal District Judge's Order That Exceeded Inherent Jurisdiction by Reviewing Withdrawal of Appeal. Withdrawal of Appeal Does Not Amount to Withdrawal of Original Petition Decided on Merits, and Res Judicata in Matrimonial Matters Requires Factual Inquiry into Continuing Wrongs.

4 May 2018

The dispute arose from matrimonial proceedings between a husband and wife. The husband filed HMP No.218 of 2009 seeking divorce on grounds of cruelty ...

High Court

Bombay High Court Dismisses Appeal in Family Court Matter as Not Maintainable Against Interlocutory Order. Order Permitting Occupation of Flat Pending Divorce Proceedings Held Not Appealable Under Section 19, Family Courts Act, 1984, as It Did Not Finally Determine Rights.

14 Jun 2005

The Bombay High Court, before a Division Bench of R.M.S. Khandeparkar and Anoop V. Mohta, JJ., considered a preliminary objection to the maintainabili...

High Court

Bombay High Court Dismisses Applications to Set Aside Consent Divorce Decree in Matrimonial Dispute — No Fraud or Collusion Found. Consent terms recorded by Family Court under Section 13B of Hindu Marriage Act, 1955 are binding and cannot be unilaterally rescinded.

2 Feb 2023

The judgment arises from two miscellaneous civil applications filed by Vijay Suryakant Kakade and Jay Suryakant Kakade (applicants) seeking to set asi...

High Court

Bombay High Court Allows Wife to File Counterclaim for Restitution of Conjugal Rights and Reliefs Under Domestic Violence Act in Pending Divorce Proceeding — Limitation Under Order VIII Rule 6A CPC Not Applicable to Counterclaim Under Section 23A of Hindu Marriage Act, 1955

29 Jan 2019

The petitioner, Ruchi Gour, wife of Bhanupratapsingh Gour, filed a writ petition challenging an order dated 27-07-2016 passed by the Family Court, Nag...

High Court

Bombay High Court Allows Wife's Appeal Against Judicial Separation Decree in Hindu Marriage Act Case — Cruelty Not Established. Husband's Petition Under Section 10 and 13(1)(i-a) of Hindu Marriage Act, 1955 Dismissed as Allegations of Mental Cruelty Were Not Proved and Were Based on Trivial Incidents.

5 Feb 2021

The appeal was filed by the wife under Section 19 of the Family Courts Act, 1984, challenging the judgment of the Family Court, Nagpur, in Petition No...

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