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High Court Allows Divorce Appeal on Ground of Cruelty, Overturning Family Court Dismissal. Husband Established Mental Cruelty Under Section 13(1)(i-a) of Hindu Marriage Act, 1955, Through Wife's Abnormal Behavior, Public Humiliation, and Physical Violence, Despite Withdrawal of Unsoundness of Mind Ground.

The appeal arose from a divorce petition filed by the husband against the wife under the Hindu Marriage Act, 1955, on grounds of cruelty and unsoundne...

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Bombay High Court Allows Wife's Petition Challenging Maintainability of Second Divorce Petition Filed by Husband During Pendency of Earlier Proceedings. Family Court's Order Rejecting Objection to Maintainability Set Aside on Grounds of Res Judicata and Abuse of Process.

The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 pa...

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High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

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Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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Bombay High Court Quashes Criminal Proceedings in Maintenance Case Due to Civil Court Decree of Divorce — Husband's Complaint for Maintenance Filed After Divorce Decree Not Maintainable Under Section 125 CrPC

The petitioners, including the wife and her relatives, sought quashing of criminal proceedings initiated by the husband (respondent no.1) under Sectio...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955. Allegations of Cruelty Were Vague and Desertion Not Proven, Affirming Family Court's Dismissal of Divorce Petition.

The appellant-husband filed a petition under Section 28 of the Hindu Marriage Act, 1955, challenging the Family Court, Pune's order dated 18 July 2000...