Search Results for "judicial divorce"

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High Court

Bombay High Court Dismisses Husband's Revision in Muslim Divorce Maintenance Case — Concurrent Findings Upheld. Husband's Talaq During Pendency of Section 125 Cr.P.C. Does Not Bar Wife's Claim Under Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 for Reasonable and Fair Provision.

2 Jan 2024

The case involves a criminal revision application filed by the husband, Khalil Abbas Fakir, challenging the concurrent orders of the Judicial Magistra...

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 Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

18 Mar 2020

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Family Members in Dowry Harassment Case Due to Vague Allegations and Lack of Territorial Jurisdiction. The Court held that the complaint under Section 498A IPC and Dowry Prohibition Act was an abuse of process as the allegations were general and the incident alleged to create jurisdiction was not corroborated.

1 Apr 2019

The Supreme Court allowed the appeals filed by Rashmi Chopra and others against the judgment of the Allahabad High Court dated 08.08.2018, which had d...

High Court

Bombay High Court Dismisses Wife's Appeal Against Divorce Decree in Cruelty and Desertion Case. Filing of False Criminal Case Under Section 498-A IPC and Section 97 CrPC Constitutes Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

16 Oct 2018

The appellant-wife filed a second appeal against the judgment and order of the District Judge-3 and Additional Sessions Judge, Ahmednagar, in Regular ...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree in Hindu Marriage Act Case — Remand for Fresh Consideration on Subsequent Cause of Action. The court held that a second divorce petition based on a cause of action arising after dismissal of earlier petition is maintainable under Order IX Rule 9 CPC and Section 13(1)(ia) of Hindu Marriage Act, 1955.

3 Oct 2017

The appellant wife challenged the judgment and decree of the Family Court at Aurangabad in Hindu Marriage Petition No. A-220/2010, which dissolved her...

High Court

Bombay High Court Sets Aside Family Court Order Dismissing Wife's Divorce Petition as Res Judicata, Holding Dubai Divorce Decree Not Conclusive. The court ruled that a foreign divorce granted by a court lacking jurisdiction under the parties' personal law and not adjudicated on merits cannot bar a subsequent petition under the Hindu Marriage Act, 1955, and Section 13 of the Code of Civil Procedure, 1908.

11 Aug 2017

The appeal arose from the order of the Family Court at Bandra, Mumbai, which dismissed the wife's petition for divorce, maintenance, and accommodation...

High Court

Bombay High Court Allows Maintenance to Divorced Muslim Wife and Child Under Section 125 CrPC — Muslim Personal Law Does Not Bar Maintenance Beyond Iddat Period. The court held that a divorced Muslim wife is entitled to maintenance under Section 125 CrPC until she remarries, and the husband's plea of divorce was not proved.

13 Feb 2015

The petitioners, Ashiyabegum and her minor daughter Sirin, filed a criminal writ petition under Section 125 of the Code of Criminal Procedure, 1973 (C...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

High Court

Bombay High Court Dismisses Petition Challenging Divorce Decrees by Mutual Consent Under Parsi Marriage Act. Presiding Judge of Parsi Chief Matrimonial Court Can Pass Decree Without Delegates' Assistance Under Section 32B of Parsi Marriage and Divorce Act, 1936.

10 Mar 2005

The petitioners, trustees of the Parsi Panchayat Funds and Properties, filed a writ petition seeking a declaration that the learned Presiding Judge of...

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