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High Court

Bombay High Court Allows Husband's Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Wife's Counterclaim for Restitution of Conjugal Rights Dismissed. The court upheld the Family Court's finding that false complaints by the wife to police and employer constituted mental cruelty under Section 13(1)(ia), and that desertion under Section 13(1)(ib) was proved by the wife's intentional withdrawal from cohabitation without reasonable cause.

16 Mar 2017

The case involves two appeals arising from a common judgment of the Family Court at Bandra, Mumbai, in a divorce petition filed by the husband under S...

High Court

Bombay High Court Dismisses Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage.

9 Mar 2017

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriag...

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 Article 15 of Law of Divorce does not permit counter-claim for damages, and the provision stands repealed by Section 4(1) of the Goa, Daman and Diu (Extension of the Code of CPC and the Arbitration) Act, 1940.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...

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 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...

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 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

Madras High Court Dismisses Husband's Appeal for Divorce, Upholds Wife's Right to Matrimonial Home and Maintenance. Irretrievable breakdown of marriage not a ground for divorce under Hindu Marriage Act, 1955; wife's right to residence is part of maintenance under Section 125 CrPC and Section 24 of the Hindu Marriage Act.

15 Jun 2026

The case involves a matrimonial dispute between S.Naveen (husband/appellant) and M.Nitharshani (wife/respondent). The husband filed H.M.O.P.No.136 of ...

High Court

Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

29 Jan 2019

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

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), (...

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