Search Results for "Divorce Petition"

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Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation.

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grou...

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Matrimonial Dispute: Appellant's Offer of Lump Sum Alimony Upholds Supreme Court's Decree of Divorce

This case concerns a long-standing matrimonial dispute between the appellant-husband and respondent-wife, who have been separated since 2008. The marr...

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Bombay High Court Upholds Maintenance for Wife and Daughters Under Domestic Violence Act Despite Prior Divorce Decree. Cohabitation After Divorce and Subsequent Second Marriage Constitute Domestic Violence Under Section 3 of the Protection of Women from Domestic Violence Act, 2005.

The case involves a criminal revision application filed by Atmaram Sanap challenging concurrent orders of maintenance passed under the Protection of W...

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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.

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

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Bombay High Court Allows Wife's Appeal in Divorce Case Under Goa Law of Divorce — Allegations of Unchastity in Deposition Constitute Cruelty. Condonation of cruelty not a valid defense under Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa.

The case involves a divorce petition filed by the wife (appellant) against the husband (respondent) under the Law of Divorce in force in Goa. The part...

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Bombay High Court Dismisses Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage.

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriag...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty and Dismisses Wife's Appeal for Restitution of Conjugal Rights. False criminal complaints by wife constitute mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves cross-appeals arising from a common judgment of the Family Court, Nagpur, dated 15-4-2009. The husband, Manoj Pate, filed First Appe...

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Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Customary Divorce Not Proved. Wife entitled to maintenance as husband failed to prove valid customary divorce or that wife was living in adultery.

The applicant, Sau. Ashabai Himmatrao Junghare, filed a criminal revision application challenging the order of the Additional Sessions Judge, Achalpur...