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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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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.

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...

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Bombay High Court Allows Waiver of Cooling-off Period in Mutual Consent Divorce — Family Court's Direction to Wait 18 Months Set Aside. Section 13B(2) of Hindu Marriage Act, 1955 requires only six months waiting period after first motion, not 18 months.

The petitioner and respondent were married and jointly filed an application under Section 14 of the Hindu Marriage Act, 1955 seeking waiver of the one...

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Madras High Court Allows Husband's Appeal in Hindu Marriage Act Divorce Case Based on Joint Compromise. Family Court Dismissal Set Aside and Divorce Granted in Terms of Compromise Memo Under Order XXIII Rule 3 CPC.

The appeal arose from the dismissal of a divorce petition by the Family Court, Namakkal. The appellant/husband had filed F.C.O.P.No.335 of 2022 under ...

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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.

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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Bombay High Court Allows Husband's Divorce Petition on Ground of Desertion Under Section 13(1)(ib) of Hindu Marriage Act, 1955 — Long Separation Without Cohabitation Constitutes Desertion.

The appellant husband and respondent wife were married in December 1994 and have a son. The wife left the matrimonial home in February 1998, and the p...

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High Court of Karnataka Dismisses PIL Challenging Two-Year Separation Period Under Section 10A of Indian Divorce Act, 1869. Court holds that the provision is not discriminatory and does not violate Articles 14 and 21 of the Constitution as the period is reasonable and based on legislative policy.

The petitioner, an advocate, filed a public interest litigation under Articles 226 and 227 of the Constitution of India before the High Court of Karna...