Search Results for "Hindu Marriage Petition"

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Search Results for "Hindu Marriage Petition"

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High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

Supreme Court

Supreme Court Dismisses Appeal in Hindu Marriage Act Divorce Case, Upholding High Court's Finding of No Cruelty. Appeal Under Family Courts Act Held Timely as Section 29(2) of Limitation Act Applies, Not Section 29(3), and Allegations of Cruelty Fail Due to Respondent's Justified Absence from Matrimonial Home.

3 Feb 2022

The dispute arose from a marriage solemnized under Hindu rites on 29-08-1999 between the appellant-husband and respondent-wife. The appellant filed a ...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit: Marriage of Plaintiff with Deceased Hanumanthappa Held Valid Despite Age Dispute and Lack of Ceremonies. The Court held that the age requirement for marriage under Section 5(iii) of the Hindu Marriage Act, 1955 is directory, not mandatory, and the marriage was sufficiently proved through evidence.

15 Nov 2019

The case involves a partition suit filed by Sujathamma claiming a share in the ancestral property of Sonnappa as the wife of his deceased son, Hanuman...

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 Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

25 Apr 2017

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

High Court

Bombay High Court Allows Husband's Appeal Against Restitution of Conjugal Rights Decree, Holds No Valid Marriage Under Hindu Marriage Act, 1955. Essential Ceremonies Like Saptapadi Not Proved, Hence Marriage Invalid Under Section 7 of Hindu Marriage Act, 1955.

31 Jan 2017

The appellant-husband filed a Family Court Appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955...

High Court

Bombay High Court Allows Second Appeal in Divorce Case, Sets Aside Decree Based on Irretrievable Breakdown of Marriage. Court holds that irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955, and the lower appellate court erred in applying no-fault theory without framing issue under Section 23(1)(a).

20 Dec 2016

The appellant, Chitra Sachin Mapara, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Bombay High Court Dismisses Wife's Application to Dismiss Husband's Appeal as Time-Barred in Matrimonial Dispute — Limitation Period for Appeal Under Hindu Marriage Act is 90 Days, Not 30 Days Under Family Courts Act. Section 28(4) of Hindu Marriage Act, 1955, being a special provision, prevails over Section 19(3) of Family Courts Act, 1984, and the appeal filed within 90 days is maintainable.

17 Dec 2014

The case involves a civil application filed by the wife (applicant) seeking dismissal of the husband's appeal on the ground of limitation. The parties...

High Court

Bombay High Court Allows Husband's Appeal for Nullity of Marriage Under Section 11 of Hindu Marriage Act, 1955 on Ground of Fraudulent Concealment of Religion. Marriage Between Parsi and Hindu Held Voidable as Consent Was Obtained by Suppressing Respondent's Religion.

13 Oct 2014

The appellant-husband, a Parsi by religion, married the respondent-wife on 15th April 1999 according to Hindu vedic rites. They had a son on 4th Augus...

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