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Search Results for "Divorce Petition"

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High Court

Madras High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Wife's Unilateral Departure and False Complaints Constitute Mental Cruelty. The court held that the wife's conduct of leaving the matrimonial home without reasonable cause and filing false criminal complaints against the husband and his family amounts to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

11 Jun 2026

The appellant husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty. The marriage was...

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

Bombay High Court Dismisses Wife's Second Appeal Against Refusal to Condon Delay in Challenging Divorce Decree — Remarriage of Husband After Expiry of Limitation Period Renders Appeal Infructuous Under Section 15 of Hindu Marriage Act, 1955.

29 Aug 2024

The present second appeal was filed by the appellant/wife against the judgment and order dated 15/09/2021 passed by the learned District Judge-10, Aur...

Supreme Court

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.

13 Dec 2021

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...

High Court

Bombay High Court Dismisses Husband's Appeal Against Consent Divorce Terms, Directs Execution of Consent Terms for Divorce by Mutual Consent Under Section 28 of Special Marriage Act, 1954. Husband Cannot Resile from Consent Terms After Wife Agreed to All Conditions Including Withdrawal of Allegations and Acceptance of Maintenance.

15 Oct 2016

The case involves a husband (Suresh Bhandary) who filed an appeal against a Family Court order granting divorce by mutual consent on certain terms. Th...

High Court

Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

29 Aug 2016

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Court Holds That Isolated Instances of Abnormal Behavior Without Medical Evidence Do Not Constitute Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

6 Jan 2015

This appeal arises from a judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the marriage between the appell...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree in Cruelty Case, Sets Aside Dissolution of Marriage. Husband's Petition for Nullity on Ground of Fraud Dismissed as Suicidal Tendency Not Concealed.

6 Jan 2015

The case involves an appeal by the wife against the judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the m...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal in Hindu Marriage Act Case — Failure to Prove Cruelty or Desertion After Decree of Restitution of Conjugal Rights. Court holds that mere non-compliance with restitution decree does not automatically entitle husband to divorce under Section 13(1-A)(ii) of Hindu Marriage Act, 1955 without proof of additional grounds.

14 Oct 2014

The appellant-husband, Arun Marathe, filed an appeal against the judgment and decree of the Family Court, Aurangabad, dismissing his petition for divo...

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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