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High Court

Gujarat High Court Allows Husband's Appeal in Muslim Divorce Declaration Case — Mutual Divorce Deed Under Muslim Shariat Recognized as Valid Dissolution of Marriage. Family Court's Dismissal Set Aside as Court Erred in Requiring Formal Divorce Proceedings Under Section 7 of Family Courts Act, 1984 Read with Section 34 of Specific Relief Act, 1963.

12 Mar 2026

The appellant-husband, Jamilbhai Firozbhai Vahora, through his power of attorney holder (his father), filed a First Appeal under Section 19 of the Fam...

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 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

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 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 Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Wife's Counterclaim for Restitution of Conjugal Rights Dismissed. The court upheld the Family Court's finding that false complaints by the wife to police and employer constituted mental cruelty under Section 13(1)(ia), and that desertion under Section 13(1)(ib) was proved by the wife's intentional withdrawal from cohabitation without reasonable cause.

16 Mar 2017

The case involves two appeals arising from a common judgment of the Family Court at Bandra, Mumbai, in a divorce petition filed by the husband under S...

High Court

Bombay High Court Dismisses Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage.

9 Mar 2017

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriag...

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 ...

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

High Court of Bombay at Goa Upholds Exclusion of Counter-Claim for Damages in Divorce Petition Under Law of Divorce. Article 15 of Law of Divorce does not permit counter-claim for damages, and the provision stands repealed by Section 4(1) of the Goa, Daman and Diu (Extension of the Code of CPC and the Arbitration) Act, 1940.

2 May 2014

The case involves a writ petition filed by Kiru Sadashiv Porob alias Ajit Sadashiv Porob challenging an order dated 25.2.2013 passed by the Senior Civ...

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