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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

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

Bombay High Court Holds Amendment to Section 17 of Indian Divorce Act, 1869 Ousting Confirmation Requirement is Retrospective — Reference for Confirmation of Dissolution Decree Renders Infructuous. The amendment deleting the requirement of High Court confirmation of dissolution decrees applies to pending matters, making the reference infructuous.

9 May 2014

The case involves a First Appeal and a Reference arising from a matrimonial dispute under the Indian Divorce Act, 1869. The appellant, Sou. Kamal w/o ...

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), (...

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

High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree Under Section 13(1A)(ii) of Hindu Marriage Act — Non-Compliance with Restitution of Conjugal Rights Decree for Over One Year Constitutes Ground for Divorce.

6 Dec 2023

The appellant-wife challenged the judgment and decree dated 25.01.2022 passed by the I Additional Principal Judge, Family Court, Mysuru in M.C.No.53/2...

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 Dismisses Appeal in Hindu Marriage Act Divorce Case, Upholding High Court's Finding of No Cruelty. Appeal Under Family Courts Act Held Timely as Section 29(2) of Limitation Act Applies, Not Section 29(3), and Allegations of Cruelty Fail Due to Respondent's Justified Absence from Matrimonial Home.

3 Feb 2022

The dispute arose from a marriage solemnized under Hindu rites on 29-08-1999 between the appellant-husband and respondent-wife. The appellant filed a ...

High Court

Bombay High Court Allows Wife's Appeal for Divorce and Maintenance in Hindu Marriage Act Case — Husband's Cruelty and Desertion Established Despite Dismissal of Earlier Petition. The court held that filing false complaints and desertion constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and granted divorce with permanent alimony and child maintenance.

16 Sep 2011

The appellant, Smt. Shehnaz Arvind Mudbhatkal (the wife), filed Family Court Appeal No. 38 of 2006 against the judgment and decree dated 30th Septembe...

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