Search Results for "Indian Divorce Act 1869"

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Search Results for "Indian Divorce Act 1869"

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High Court

Karnataka High Court Allows Wife's Appeal for Interim Maintenance Under Section 36 of Divorce Act, 1869 — Family Court Erred in Rejecting Application Without Hearing on Merits. The court held that a wife is entitled to pendente lite alimony even if the validity of the marriage is disputed, and the Family Court cannot reject such application without considering merits, especially when no objections are filed by the husband.

15 Apr 2015

The appellant, Soumya, wife of Johny, filed an appeal under Section 55 of the Divorce Act, 1869, against the judgment and decree dated 27.03.2014 pass...

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 ...

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

Gujarat High Court Allows Transfer of Family Suit in Wife's Favor Due to Financial Hardship and Convenience. Wife's Maintenance Application Pending at Ahmedabad and Lack of Income Justify Transfer Under Section 24 CPC.

27 Mar 2026

The applicant-wife filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. ...

High Court

Bombay High Court Quashes FIR in Matrimonial Dispute After Settlement Between Parties. Court holds that continuation of proceedings would be an abuse of process of law under Section 482 CrPC when parties have resolved their differences.

17 Mar 2015

The applicants, including the husband and his relatives, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing o...

Supreme Court

Supreme Court Restores Enhanced Interim Maintenance to Wife in Divorce Case — High Court's Reduction Set Aside for Ignoring Husband's Full Income and Assets. The Court held that the wife is entitled to maintain the standard of living she enjoyed in the matrimonial home, and the High Court erred by considering only two income sources while overlooking the Family Court's findings on the husband's properties and inheritance.

19 Nov 2024

The Supreme Court dealt with two appeals arising from an order of the Madras High Court reducing interim maintenance payable to the wife from Rs.1,75,...

Supreme Court

Supreme Court Allows Husband's Appeal in Muslim Divorcee Maintenance Case — Section 125 CrPC Remedy Not Barred by Muslim Women Act. The Court held that a divorced Muslim woman can claim maintenance under Section 125 CrPC despite the Muslim Women (Protection of Rights on Divorce) Act, 1986, as the latter does not expressly or impliedly bar the secular remedy.

10 Jul 2024

The appeal arose from an order of the High Court of Telangana which reduced interim maintenance payable by the appellant-husband to the respondent-wif...

High Court

High Court of Karnataka Allows Husband's Appeal Against Permanent Alimony Order in Divorce Case — Reduces Alimony from Rs. 5 Lakhs to Rs. 3 Lakhs Considering Husband's Limited Income and Wife's Earning Capacity. The court held that the quantum of permanent alimony must be just and fair, taking into account the income of both parties, the duration of marriage, and the wife's earning capacity under Section 37 of the Divorce Act, 1869.

13 Jul 2017

The appellant-husband, Sri Daniel Anand, and the respondent-wife, Smt. G.N. Sujatha, were married on 28.12.2006 according to Christian customary rites...

High Court

Karnataka High Court Dismisses Minor Muslim Girl's Petition Seeking Exemption from Child Marriage Act. Personal Law Cannot Override Statutory Prohibition on Child Marriage Under Prevention of Child Marriage Act, 2006.

26 Feb 2013

The petitioner, Seema Begaum, a 16-year-old Muslim girl, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a decla...

High Court

Bombay High Court Allows Appeal in Family Court Case — Sets Aside Decree Declaring Marriage Null and Void for Lack of Jurisdiction. Family Court lacked jurisdiction to declare marriage null and void under Section 7(g) of Family Courts Act, 1984 read with Section 151 CPC as no specific provision for such declaration exists.

15 Dec 2020

The appeal arises from a judgment and decree passed by the Family Court No. 4, Nagpur in Petition No. B-30/2012, which declared the marriage between t...

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