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High Court of Karnataka Dismisses Petition Seeking Stay of Divorce Proceedings Pending Nullity Petition Under Section 10 CPC. Nullity and Divorce Petitions Under Hindu Marriage Act, 1955 Involve Distinct Matters in Issue, Hence Section 10 CPC Stay Not Applicable.

The petitioner husband and respondent wife were married on 17 June 2010. The petitioner filed M.C. No. 43/2013 under Section 12 of the Hindu Marriage ...

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Supreme Court Sets Aside Desertion-Based Divorce Decree, Grants Divorce by Mutual Consent Under Article 142 of Constitution of India, Awards Permanent Alimony in Hindu Marriage Act Case

The Supreme Court heard an appeal against the High Court order affirming divorce decree granted on ground of desertion under Hindu Marriage Act 1955 -...

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Supreme Court Allows Divorce on Ground of Irretrievable Breakdown of Marriage Using Constitutional Powers - Marriage Dissolved After 13 Years of Separation Despite Lower Courts Rejecting Statutory Grounds.

The dispute involved a matrimonial case where the appellant husband sought dissolution of marriage from the respondent wife. The parties were Indian c...

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Madras High Court Allows Husband's Appeal and Grants Divorce Decree Under Section 13(1A)(ii) Hindu Marriage Act Due to Wife's Failure to Enforce Restitution Decree. Trial Court Erred in Holding Fresh Petition Not Maintainable and in Treating Police Complaint as Enforcement Step.

The marriage between the appellant (husband) and the respondent (wife) was solemnized on 2 February 2009 according to Hindu rites and customs. They li...

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Bombay High Court Grants Interim Stay in Divorce Transfer Petition Under Section 24 CPC. Wife seeks transfer of divorce petition from Vasai to Nashik; court stays proceedings pending transfer application.

The applicant-wife filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition N...

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Supreme Court Allows Waiver of Six-Month Waiting Period Under Section 13B(2) of Hindu Marriage Act in Mutual Consent Divorce Case. Court Holds That Statutory Cooling Period Is Directory and Can Be Waived When Marriage Has Irretrievably Broken Down and Parties Have Been Separated for Over One Year.

The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had upheld the Family Court's refusal to waive the...