Search Results for "Divorce proceedings"

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Search Results for "Divorce proceedings"

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High Court

Bombay High Court Allows Transfer of Restitution of Conjugal Rights Petition from Kolhapur to Vasai on Grounds of Wife's Medical Condition and Convenience. Wife's autoimmune disease and pending divorce and DV proceedings at Vasai weighed in favour of transfer under Section 24 CPC.

22 Dec 2023

The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Petition No.167 of 2021 filed by th...

Supreme Court

Supreme Court Allows Wife's Appeal in Divorce Case: Filing of False Criminal Complaint Does Not Automatically Constitute Mental Cruelty Under Hindu Marriage Act. High Court's Reversal of Concurrent Findings in Second Appeal Set Aside for Exceeding Jurisdiction Under Section 100 CPC.

1 Jan 2020

The Supreme Court allowed the appeals filed by the wife, Mangayakarasi, against the judgment of the Madras High Court which had dissolved her marriage...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

High Court

Bombay High Court Quashes Domestic Violence Complaint Against Husband Due to Settlement and Lack of Domestic Relationship. The court held that since the wife had voluntarily left the matrimonial home and accepted a full settlement, the complaint under Sections 12, 18, 21, 23 of the Protection of Women from Domestic Violence Act, 2005 was not maintainable.

25 Sep 2014

The applicant, Amitabh Upadhyay, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Complaint...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was Granted on Ground of Desertion. The Court Ruled That Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women and That Delay in Filing Maintenance Petition Is Not a Bar.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

High Court

Bombay High Court Upholds Maintenance for Wife Under DV Act Despite Husband's Claim of Invalid Marriage — Second Marriage Valid as Customary Divorce from First Husband Proved

14 Sep 2015

The case involves a criminal writ petition filed by Subhash Pralhad Chaware and five others (petitioners) challenging the judgment and order of the Ju...

High Court

Bombay High Court Dismisses Husband's Second Appeals in Matrimonial Dispute, Upholds Wife's Right to Maintenance and Conjugal Rights. Acquittal in criminal case does not automatically disentitle wife to civil reliefs under Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956.

23 Dec 2015

The appellant husband and respondent wife married on 16 June 2002. Shortly after marriage, the wife alleged she was forced to leave the matrimonial ho...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Dowry Case Due to Omnibus Allegations and Lack of Specificity. FIR Lodged as Counterblast to Divorce Petition, Charge-Sheet Under Section 376 Dropped, and No Protest Filed.

19 Feb 2025

The present appeal arose from an order dated 31.08.2022 passed by the High Court of Judicature at Allahabad, which dismissed an application under Sect...

High Court

Bombay High Court Allows Revision Against Order Granting Right of Residence in Shared Household Under DV Act — Parents-in-Law Not Obliged to Provide Shared Household to Daughter-in-Law After Son's Separation. The court held that the daughter-in-law's right of residence under Section 17 of the Protection of Women from Domestic Violence Act, 2005 is not enforceable against the father-in-law who is the owner of the property, when the husband has no right in the property and the parents-in-law are not respondents in the DV proceedings.

30 Sep 2022

The applicants, Umakant Havgirao Bondre and Shobha Umakant Bondre, are the parents of respondent No.2 Suraj Bondre and in-laws of respondent No.1 Saks...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

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