Search Results for "restitution of conjugal rights"

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Search Results for "restitution of conjugal rights"

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Supreme Court

Supreme Court Quashes FIR in Rape Case Due to Consensual Relationship Culminating in Marriage. Allegations of False Promise of Marriage Found Baseless as Legal Notice Admitted Marriage, Making Prosecution an Abuse of Process Under Sections 376 and 506 of Indian Penal Code, 1860.

3 Jan 2024

The dispute arose from an FIR registered at Police Station Naka, District Lucknow, Uttar Pradesh, as Case Crime No. 106 of 2016, based on a complaint ...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

Supreme Court

Supreme Court Allows Divorce on Grounds of Desertion Under Hindu Marriage Act, Setting Aside Lower Court Judgments. Desertion Established as Wife Left Matrimonial Home Without Reasonable Cause and Without Intention to Return for Continuous Period Exceeding Two Years Under Section 13(1)(ib) of Hindu Marriage Act, 1955.

15 Feb 2022

The appeal arose from a matrimonial dispute between husband and wife where the husband sought divorce on grounds of cruelty and desertion under Sectio...

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 ...

Supreme Court

Supreme Court Allows Transfer Petition in Restitution of Conjugal Rights Case Citing Interests of Justice. Family Court Proceedings Transferred from Andhra Pradesh to Telangana with Video Conferencing Option Under Transfer Petition Provisions.

27 Jan 2022

The Supreme Court of India heard a transfer petition filed by the petitioner seeking transfer of a restitution of conjugal rights case from the Family...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

Supreme Court

Supreme Court Allows Transfer Petition to Consolidate Family Law Proceedings for Judicial Efficiency. Multiple proceedings between spouses pending in different courts transferred to single court under Supreme Court's inherent powers to ensure convenience and interests of justice.

27 Sep 2021

The Supreme Court of India heard a transfer petition filed by the wife seeking consolidation of family law proceedings between the parties. The partie...

Supreme Court

Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

13 Sep 2021

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

Supreme Court

Supreme Court Dismisses Special Leave Petition Against High Court Order Condoning Delay in Appeal from Divorce Decree. Delay in filing appeal from Family Court decree under Special Marriage Act, 1954 is condonable under Section 5 of Limitation Act, 1963 as Section 29(3) excludes only original suits, not appeals, and special laws do not expressly exclude Sections 4 to 24.

23 Jul 2021

The Supreme Court dismissed a Special Leave Petition challenging a High Court order that condoned the delay in filing an appeal against a divorce decr...

Supreme Court

Supreme Court Disposes Transfer Petition in Matrimonial Case Based on Mediated Settlement. The court directed the parties to file for divorce by mutual consent in Kolkata and implement property settlement terms, including withdrawal of pending cases and transfer of assets, as per the agreement reached through mediation.

8 Apr 2021

The Supreme Court of India dealt with a transfer petition filed by the husband seeking to transfer a matrimonial case from Kolkata to New Delhi. The p...

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