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Search Results for "marriage dissolution"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against In-Laws in Dowry Harassment Case Due to Lack of Prima Facie Evidence and Abuse of Process. The court found allegations under Sections 498A, 323, 354 IPC and Sections 3, 4 Dowry Prohibition Act, 1961, to be vague, delayed, and improbable, with no prior complaints or medical proof, rendering the FIR an abuse of process under Section 482 CrPC.

25 Mar 2026

The Supreme Court of India addressed criminal appeals arising from special leave petitions challenging the Allahabad High Court's refusal to quash FIR...

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

Bombay High Court Allows Transfer of DV Act Proceedings to Family Court for Clubbing with Divorce Petition - Emphasizes Avoidance of Multiplicity and Conflict of Decisions. The court held that the wife's right to choose forum under the DV Act is not absolute and that transfer under Section 24 CPC is justified when common issues arise between matrimonial proceedings.

4 Sep 2024

The applicant husband filed a Miscellaneous Civil Application seeking transfer of a complaint filed by the respondent wife under the Protection of Wom...

High Court

Bombay High Court Allows Waiver of Cooling-Off Period in Mutual Consent Divorce Under Goa Law of Divorce — Applies Amardeep Singh Principles. Husband and Wife Jointly Challenge Trial Court's Refusal to Waive One-Year Period Under Article 40, Succeed as Court Holds Period Not Mandatory When Reconciliation Efforts Exhausted.

24 Apr 2024

The petitioner-husband and respondent-wife married in 2016 but differences arose within a year, leading to the wife filing domestic violence cases. Th...

High Court

High Court of Karnataka Allows Husband's Appeal in Divorce Case on Ground of Desertion — Sets Aside Trial Court's Dismissal of Petition. Marriage Dissolved Under Section 13(1)(ib) of Hindu Marriage Act, 1955 as Wife's Absence for Over 7 Years Constitutes Desertion.

27 Sep 2023

The appellant, Bhimrao S/o Namdev Savnt, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage...

Supreme Court

Supreme Court Allows Appeal in Domestic Violence Case — Limitation Not Applicable to Filing of Application Under Section 12 of Protection of Women from Domestic Violence Act, 2005. The High Court erred in quashing proceedings on ground of limitation as the Act does not prescribe any limitation period for filing an application under Section 12.

20 Apr 2022

The appellant, Kamatchi, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (the Act) against her husba...

High Court

High Court of Karnataka Allows Transfer of Matrimonial and Custody Proceedings from Bijapur to Bengaluru on Grounds of Wife's Convenience and Preponderance of Proceedings at Bengaluru. The court held that under Section 24 CPC, the convenience of the wife is paramount and transfer is warranted when multiple proceedings are pending at different places.

13 Nov 2018

The petitioner-husband, Vishal Gayakwad, filed two civil petitions under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeking transfer of mat...

High Court

Bombay High Court Dismisses Ex-Wife's Appeal for Share in Husband's Properties in Family Property Dispute. Wife failed to prove financial contribution or common intention for joint ownership under Hindu Marriage Act, 1955.

16 Feb 2010

The appellant, Ms. Adhyaatmam Bhamini, filed an appeal against the judgment dated 24th January 2003 of the Family Court, Mumbai, which dismissed her p...

High Court

Bombay High Court Allows Amendment in Hindu Marriage Petition to Add Declaration of Nullity — Amplification of Existing Cause of Action Permitted. The court held that an amendment which only amplifies a case for which foundation already exists does not change the cause of action and should be allowed under Section 13 of the Hindu Marriage Act, 1955.

28 Jun 2006

The petitioner, Sajan Jagannath Nakase, filed a petition under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with th...

High Court

Bombay High Court Allows Husband's Divorce Appeal on Ground of Desertion Under Hindu Marriage Act, 1955 — Wife's Refusal to Return After Medical Treatment Constitutes Desertion. The court held that the wife's conduct showed a clear intention to permanently sever the matrimonial relationship, reversing the Family Court's dismissal.

10 Jun 2005

The appellant-husband and respondent-wife were married on 2nd June 1986 at Kolhapur. In 1993, the wife fell ill and despite treatment at Kolhapur, her...

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