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High Court

Bombay High Court Allows Husband's Appeal in Marriage Annulment Case — Sets Aside Restitution of Conjugal Rights Decree. Marriage declared null and void as wife was suffering from schizophrenia at time of marriage, a mental disorder of such kind that husband could not reasonably be expected to live with her under Section 5(ii)(b) of Hindu Marriage Act, 1955.

11 Sep 2019

The appellant-husband filed a petition under Section 11 read with Section 5(ii)(b) of the Hindu Marriage Act, 1955, seeking annulment of his marriage ...

High Court

Bombay High Court Allows Waiver of Statutory Cooling-Off Period in Mutual Consent Divorce Case Due to Irretrievable Breakdown of Marriage. Court Holds That Section 13-B(2) of Hindu Marriage Act, 1955 Is Not Mandatory and Can Be Waived to Prevent Hardship When Parties Have Been Living Separately for Over Three Years.

7 May 2015

The petitioners, a married couple, filed a writ petition before the Bombay High Court at Aurangabad challenging an order dated 8 April 2015 passed by ...

Supreme Court

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

8 Jul 2024

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

High Court

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.

24 Mar 2017

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...

High Court

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.

11 Jul 2014

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...

High Court

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.

5 Nov 2019

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

High Court

Court Dismisses Wife's Appeal Against Ex-Parte Divorce Decree. Appeal Rendered Infructuous Due to Husband's Lawful Remarriage Following Divorce Decree

20 Jul 2024

A second appeal filed by the appellant/wife against the decision of the learned District Judge-10, Aurangabad, who refused to condone a 166-day delay ...

High Court

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.

8 Mar 2019

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

High Court

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.

20 Nov 2006

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

High Court

Madras High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Wife's Unilateral Departure and False Complaints Constitute Mental Cruelty. The court held that the wife's conduct of leaving the matrimonial home without reasonable cause and filing false criminal complaints against the husband and his family amounts to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

11 Jun 2026

The appellant husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty. The marriage was...

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