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Search Results for "foreign divorce"

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High Court

Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

13 Apr 2018

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

High Court

Bombay High Court Sets Aside Family Court Order in Matrimonial Jurisdiction Dispute — Marriage Registered Under Foreign Marriage Act Governed by Special Marriage Act for Dissolution Relief. Conclusive Evidence Under Section 14(2) of Foreign Marriage Act Bars Evidence of Hindu Marriage Act Solemnization, Resulting in Lack of Inherent Jurisdiction of Family Court.

9 Feb 2011

The dispute arose when the husband filed a petition for dissolution of marriage under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 before the F...

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 Sets Aside Visa Cancellation and OCI Rejection of German National Married to Indian, Directs Fresh Consideration with Fair Hearing. Fair procedure and natural justice must precede visa cancellation; mere matrimonial discord does not render a subsisting marriage a marriage of convenience.

27 Jul 2026

The writ petition arose from the cancellation of visas and rejection of an Overseas Citizen of India (OCI) registration by the Foreigners' Regional Re...

High Court

Bombay High Court Dismisses Revision Against Maintenance Order Under DV Act — Foreign Divorce Decree Does Not Bar Domestic Violence Proceedings. The court upheld the magistrate's order granting maintenance and right to residence to the wife under Sections 12, 17, 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, rejecting the husband's argument that a US divorce decree precludes such relief.

22 Mar 2024

The case involves a revision application filed by Kaushal Arvind Thakker (applicant) challenging the judgment of the Sessions Court which dismissed hi...

High Court

Bombay High Court Nagpur Bench Hears Wife's Appeal Against Divorce Decree Granted on Ground of Cruelty. Court Examines Permissibility of Seeking Divorce as Alternate Relief in a Petition Filed Under Section 9 of Hindu Marriage Act, 1955 for Restitution of Conjugal Rights.

6 Jan 2014

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High Court

Parsi Chief Matrimonial Court Grants Divorce to Wife on Ground of Cruelty Under Section 32(dd) of Parsi Marriage & Divorce Act, 1936 — Unanimous Delegate Finding of Cruelty Upheld. Wife's Allegations of Mental and Physical Cruelty by Husband Proved, Entitling Her to Divorce and Alimony.

27 Aug 2014

The Plaintiff-wife, Zenobia Ghadially, filed Parsi Suit No. 13 of 2009 in the Parsi Chief Matrimonial Court at Bombay seeking divorce from her husband...

Supreme Court

Supreme Court Allows Appeal Against Extradition Order in Matrimonial Dispute, Dissolves Marriage on Ground of Irretrievable Breakdown Under Article 142 of the Constitution of India. Court Quashes Multiple Criminal Proceedings Filed by Wife Against Husband and In-Laws as Abuse of Process of Law.

20 Feb 2025

The Supreme Court allowed an appeal against the judgment of the Calcutta High Court which had affirmed a trial court order directing extradition of th...

High Court

Madras High Court Allows Husband’s Appeal Under Hindu Marriage Act, 1955, Setting Aside Family Court’s Dismissal of Divorce Petition. Wild Allegations Including Terrorist Links Against Police Constable Constitute Mental Cruelty, Making Marital Relationship Unworkable.

21 Feb 2025

The husband, employed as a police constable, filed a divorce petition before the Family Court, Sivagangai, under the Hindu Marriage Act, 1955, seeking...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Seeking Cancellation of Marriage Certificate by Mandamus — No Statutory Duty on Registrar to Cancel Certificate After Divorce Decree. The court held that a writ of mandamus cannot be issued in the absence of a statutory duty, and the marriage certificate is merely a record of the fact of marriage, not automatically cancellable upon divorce.

29 Apr 2026

The petitioner, Blinston Savio Fernandes, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa,...

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