Search Results for "Hindu Marriage Act"

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"Supreme Court Restores Wife's Right to Maintenance Despite Decree for Restitution of Conjugal Rights." "Wife’s dignity and justified refusal outweigh procedural compliance under Section 125(4) Cr.P.C."

The case discusses whether a husband, having secured a decree for restitution of conjugal rights, can deny maintenance to his wife under Section 125(4...

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Supreme Court Dismisses Appeal by Appellant Seeking Interference with Favorable High Court Order. The Apex Court declines to interfere with an order restoring a Section 125 CrPC petition, citing no grounds for interference and directing adherence to due process in the Family Court.

Acts and Sections Discussed: Criminal Procedure Code (CrPC), 1973: Section 125: Maintenance to wife. Section 482: Inherent powers of the High...

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Supreme Court Grants Irretrievable Breakdown Divorce and Permanent Alimony in Landmark Decision. Balancing Equity and Financial Security in Matrimonial Disputes.

The Supreme Court of India, addressed significant issues in matrimonial law, including interim maintenance, permanent alimony, and divorce under the ...

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"Maintenance under PWDV Act: Divorced Wife Entitled to Relief for Past Domestic Violence" "Supreme Court affirms relief under PWDV Act for acts of domestic violence committed during domestic relationships, irrespective of divorce."

This judgment clarifies that even after a decree of divorce, a wife is entitled to relief under the Protection of Women from Domestic Violence Act, 20...

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Supreme Court Exercises Article 142 to Dissolve Marriage on Grounds of Irretrievable Breakdown. Granting Complete Justice to the Parties; Divorce Decree Issued, Child Custody & Financial Support Secured

The Supreme Court dissolved the marriage between the Petitioner-wife and Respondent-husband under Article 142(1) of the Constitution of India, recogni...

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Succession Rights Dispute: Bombay High Court Upholds Family Pension Entitlement for First Wife. First wife declared the sole legal heir despite nomination in favor of the second wife.

The Bombay High Court upheld the judgments of both the Trial and District Courts, ruling that the first wife of the deceased Gangadhar Hiremath was en...

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Transfer of Divorce Petition from Vasai to Bandra Family Court Granted Due to Wife's Hardship and Infant's Health. The need for sensitivity towards a wife's hardships in matrimonial disputes, transfers divorce petition, and levies exemplary costs on the husband.

The Court must consider the socio-economic status of the parties, their hardships, and responsibilities towards minor children in deciding transfer ap...

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Transfer Petition Allowed: Convenience of Wife Overcomes Objections, Court Urges Compliance with Legal Aid Advocate Fee Structure. Court prioritizes wife’s convenience, emphasizes the importance of maintaining fair remuneration for Legal Aid Advocates.

The Applicant-wife sought the transfer of Marriage Petition No. 71/2016 from Vasai to Panvel due to age-related hardship and medical conditions. After...

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High Court Modifies Maintenance Ruling in Divorce Case: Application of Section 125 Explained. A divorcee’s entitlement to maintenance under Explanation (b) to Section 125 CrPC upheld, with the date of maintenance entitlement revised by the Court.

The Bombay High Court at Aurangabad Bench modified a lower court’s order concerning maintenance to a divorced wife under Section 125 of the Criminal...

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"Right to Sue in Mutual Consent Divorce Does Not Survive Death of Spouse, Rules Court" "Family Court affirms the personal nature of the right to divorce, dismisses appeal by deceased husband's family."

The case examines whether the right to sue for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, survives to the mother an...