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Supreme Court Sets Aside Desertion-Based Divorce Decree, Grants Divorce by Mutual Consent Under Article 142 of Constitution of India, Awards Permanent Alimony in Hindu Marriage Act Case

The Supreme Court heard an appeal against the High Court order affirming divorce decree granted on ground of desertion under Hindu Marriage Act 1955 -...

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Madras High Court Dismisses Wife's Appeal Against Divorce Decree Due to Long Separation and Failed Reconciliation. Long-Standing Separation of Over a Decade and Unsuccessful Mediation Lead to Upheld of Divorce Under Family Courts Act, 1984.

The matter pertained to a matrimonial dispute between a husband and wife whose marriage was solemnized on 10.03.2004. The couple had a son who had att...

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Bombay High Court Allows Wife's Transfer Petition in Matrimonial Dispute — Convenience of Wife is Paramount Under Section 24 CPC. Court transfers Marriage Petition from Family Court, Bandra, Mumbai to Civil Judge, Senior Division, Pune, considering wife's employment location and socio-economic factors.

The applicant, Mrs. Minaxi Rohit Biradar alias Minaxi Sadashiv Muchandi, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil...

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Supreme Court Enhances Sentence in Bigamy Case Under Section 494 IPC — Emphasizes Proportionality in Sentencing and Rejects Fleabite Punishment. The Court held that inadequate sentences undermine public confidence and ordered one year rigorous imprisonment for the accused.

The appellant, the husband, filed a private complaint under Section 200 CrPC against his wife (accused No.1) and her second husband (accused No.2) for...

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Bombay High Court Allows Transfer of Divorce Petition in Wife's Favor Due to Hardship. Wife's Convenience and Financial Constraints Considered Under Section 24 CPC for Transfer of Hindu Marriage Act Proceedings.

The applicant wife filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition N...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion — Concurrent Findings of No Cruelty or Desertion Upheld. Husband Failed to Prove Wife's Conduct Amounted to Cruelty or Desertion Under Section 13 of Hindu Marriage Act, 1955.

The appellant-husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce on grounds of cruelty and desertion. The parti...

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Supreme Court Allows State's Appeal in Ceiling Act Case — Customary Divorce Not Proven, Civil Suit Barred. High Court Erred in Interfering with Concurrent Findings and Ignoring Bar of Jurisdiction Under Section 46 of Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed a second appeal filed by the original plaintiff, Dungaji, ...

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Bombay High Court Allows Husband to Withdraw Divorce Petition with Liberty to File Fresh Petition Due to Defective Pleadings. Order 23 Rule 1(3) CPC permits withdrawal with liberty if formal defect exists; Family Court's refusal to grant liberty was erroneous.

The petitioner, Neeraj M. Gwalani, filed a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on 16 Februar...

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Parsi Chief Matrimonial Court Grants Divorce on Ground of Cruelty Under Section 32(dd) of Parsi Marriage and Divorce Act, 1936 — Wife Proves Mental Cruelty by Husband's Behavior Rendering Cohabitation Improper.

The plaintiff wife instituted a suit under Section 32(dd) of the Parsi Marriage and Divorce Act, 1936, seeking divorce on the ground that the defendan...