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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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Supreme Court Dissolves Marriage Under Article 142 Due to Irretrievable Breakdown Despite Wife's Opposition. Marriage Declared Emotionally Dead After 16 Years of Separation, with Husband Directed to Pay Rs. 25 Lakhs as Final Settlement Under Section 125 Cr.P.C.

The dispute involved a husband and wife who married under the Special Marriage Act, 1954, and later solemnized the marriage under Hindu rites. The hus...

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Bombay High Court Allows Wife's Appeal in Divorce Case Under Goa Law of Divorce — Allegations of Unchastity in Deposition Constitute Cruelty. Condonation of cruelty not a valid defense under Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa.

The case involves a divorce petition filed by the wife (appellant) against the husband (respondent) under the Law of Divorce in force in Goa. The part...

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Bombay High Court Allows Wife's Appeal and Sets Aside Divorce Decree in Adultery Case Due to Lack of Corroboration and Interested Witnesses. Husband's Allegations of Wife's Illicit Relationship with Three Named Persons Not Proved Beyond Reasonable Doubt Under Section 13(1)(i) of Hindu Marriage Act, 1955.

The appellant-wife challenged the judgment of the Family Court, Akola, dated 17.06.2013, which granted a decree of divorce to the respondent-husband u...

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Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Husband's Allegation of Adultery Not Proved. Court Held That Mere Allegations of Illicit Relationship Without Evidence Do Not Disentitle Wife to Maintenance.

The petitioner, Shaikhinabee, filed a criminal revision application against the order of the Sessions Court, Nanded, which set aside the maintenance a...