Search Results for "matrimonial rights"

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Search Results for "matrimonial rights"

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Supreme Court

Supreme Court Quashes Domestic Violence Proceedings in Favor of Husband Due to Binding Mediated Settlement. The Court Held That Proceeding with a Domestic Violence Complaint After a Comprehensive Settlement Including a No-Litigation Clause and Substantial Transfers Constitutes an Abuse of Process Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

13 Apr 2026

The dispute arose from matrimonial discord between a husband and wife, leading to a mediated settlement agreement dated 16.05.2024 that resolved all d...

High Court

Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Irretrievable Breakdown of Marriage and Long Separation Considered Cruelty. False Criminal Complaints and Over 13 Years of Separation Justify Grant of Divorce with Permanent Alimony of Rs. 25 Lakhs.

14 Nov 2025

The appellant-husband, Yogendra Lahu Bhoir, and the respondent-wife, Prema Yogendra Bhoir, were married on 10 May 2006 and had a son born on 18 June 2...

Supreme Court

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.

1 Jan 2025

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...

High Court

Bombay High Court Upholds Discretion of Parsi Matrimonial Courts to Appoint Court Commissioner for Evidence Recording Under PMDA. The court held that the Parsi Marriage and Divorce Act, 1936 does not expressly or impliedly bar the application of Order XVIII Rule 4 CPC for recording evidence before a Commissioner.

21 Nov 2024

The case arose from an appeal against an order dated 3 April 2014 passed by the learned Parsi Chief Metropolitan Court, Mumbai (Justice G S Patel) in ...

High Court

Bombay High Court Dismisses Wife's Appeal in Parsi Matrimonial Suit — Upholds Decree of Restitution of Conjugal Rights. Wife's Allegations of Cruelty and Adultery Not Proved; Husband's Petition for Restitution Allowed Under Section 36 of Parsi Marriage and Divorce Act, 1936.

30 Apr 2024

The case involves a matrimonial dispute between a Parsi couple, Mrs. Shireen Kersi Dubash (appellant/wife) and Mr. Kersi Jai Dubash (respondent/husban...

High Court

High Court of Karnataka Dismisses Husband's Challenge to Maintenance Order in Execution Proceedings — No Jurisdictional Error Found. Family Court's Inherent Powers Under Section 151 CPC Upheld to Direct Payment of ₹25,000 Per Month to Wife and Child.

6 Feb 2024

The petitioner, Sri Chandrashekhara B.T., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 08.10.2021 p...

High Court

Bombay High Court Allows Transfer of Restitution of Conjugal Rights Petition from Kolhapur to Vasai on Grounds of Wife's Medical Condition and Convenience. Wife's autoimmune disease and pending divorce and DV proceedings at Vasai weighed in favour of transfer under Section 24 CPC.

22 Dec 2023

The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Petition No.167 of 2021 filed by th...

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 Husband's Appeal for Divorce on Ground of Mental Cruelty — Wife's Demand for Separate Residence Not Cruelty Under Hindu Marriage Act, 1955. The court held that the burden to prove cruelty lies on the petitioner and that a mere demand for separate residence does not constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

12 Oct 2017

The appellant-husband, Ajay Ramrao Chavan, filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, before the Family Court ...

High Court

Bombay High Court Upholds Divorce Decree on Grounds of Cruelty Under Hindu Marriage Act — Wife's Threatening and Quarrelsome Behavior Constitutes Mental Cruelty. Custody of Minor Child Retained with Wife with Visitation Rights to Husband.

15 Sep 2016

The appellant-wife challenged the Family Court's judgment dated 20.12.2011 granting divorce to the respondent-husband under Section 13(1)(ia) of the H...

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