Search Results for "Hindu Marriage Act, 1955"

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Search Results for "Hindu Marriage Act, 1955"

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High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Restitution Appeal in Hindu Marriage Act Case — Mental Cruelty and Epilepsy Not Proven as Grounds for Divorce. The court held that allegations of cruelty and mental disorder must be proved by independent evidence, and epilepsy without unsound mind is not a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955.

26 Sep 2023

The case involves two cross-petitions between Harish @ Roshan Bhaskar Karnewar (husband) and Leelavati @ Reena Karnewar (wife). The husband filed Peti...

High Court

High Court of Karnataka Dismisses Second Appeal in Adoption Dispute — Concurrent Findings of Nullity Upheld. Adoption of Minor by Widow Without Husband's Consent and Without Registered Deed Held Void Under Hindu Adoption and Maintenance Act, 1956.

13 Apr 2023

The appellant, Basavaraj alias Shivabasappa, a minor represented by his natural father, filed a second appeal under Section 100 of the Code of Civil P...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

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...

High Court

Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

8 Mar 2019

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

High Court

Bombay High Court Allows Family Pension to Second Wife Despite Bigamous Marriage — Second Wife Entitled to Family Pension Under Maharashtra Civil Services Rules if First Wife Predeceased Employee. Court Holds That Marriage, Though Void Under Hindu Marriage Act, Does Not Disentitle Surviving Spouse to Family Pension.

20 Jun 2017

The petitioner, Ramabai Gulabrao Jamnik, filed a writ petition challenging the refusal of family pension by the Accountant General (Accounts & Entitle...

High Court

Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

25 Apr 2017

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

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...

High Court

Bombay High Court Dismisses Wife's Application to Dismiss Husband's Appeal as Time-Barred in Matrimonial Dispute — Limitation Period for Appeal Under Hindu Marriage Act is 90 Days, Not 30 Days Under Family Courts Act. Section 28(4) of Hindu Marriage Act, 1955, being a special provision, prevails over Section 19(3) of Family Courts Act, 1984, and the appeal filed within 90 days is maintainable.

17 Dec 2014

The case involves a civil application filed by the wife (applicant) seeking dismissal of the husband's appeal on the ground of limitation. The parties...

High Court

Bombay High Court Allows Husband's Appeal for Nullity of Marriage Under Section 11 of Hindu Marriage Act, 1955 on Ground of Fraudulent Concealment of Religion. Marriage Between Parsi and Hindu Held Voidable as Consent Was Obtained by Suppressing Respondent's Religion.

13 Oct 2014

The appellant-husband, a Parsi by religion, married the respondent-wife on 15th April 1999 according to Hindu vedic rites. They had a son on 4th Augus...

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