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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.

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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High Court of Karnataka Dismisses Husband's Petition Challenging Interim Maintenance of Rs.30,000/- to Wife. Family Court's Maintenance Order Upheld as Quantum Based on Husband's Income and Wife's Standard of Living.

The petitioner/husband challenged the order dated 28-09-2022 passed by the Principal Judge, Family Court, Dakshina Kannada, Mangalore, granting interi...

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Bombay High Court Dismisses Husband's Appeal for Nullity of Marriage on Ground of Sapinda Relationship, Upholds Wife's Right to Maintenance. Marriage Not Void Ab Initio as Customary Exception Proved and Sapinda Relationship Not Established Beyond Doubt Under Section 11 of Hindu Marriage Act, 1955.

The parties, husband and wife, married in January 1981 and separated in July 1981. They lived in a joint family property in Girgaum. The wife filed a ...

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High Court of Karnataka Enhances Interim Maintenance for Wife Under Hindu Marriage Act, 1955 — Husband's Income and Lifestyle Considered. The Court held that interim maintenance must reflect the husband's earning capacity and standard of living, not merely the wife's needs.

The petitioner, Smt. Pratibha Singh, wife of the respondent Vineet Kumar, filed a writ petition under Article 227 of the Constitution of India challen...

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Bombay High Court Dismisses Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage.

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriag...

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Bombay High Court at Goa Allows First Wife's Claim for Family Pension Over Invalid Second Marriage. Second Marriage Contracted Without Consent During Subsistence of First Marriage Held Void Under Goa Family Laws and Civil Service (Conduct) Rules, 1964.

The petitioner, Mrs. Banu Shaikh, filed a writ petition before the Bombay High Court at Goa seeking family pension as the legally wedded wife of the d...

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Bombay High Court Allows Second Wife's Petition Under Domestic Violence Act — Restores Protection and Maintenance Orders. Cohabitation in Shared Household for 4-5 Years Establishes Domestic Relationship Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

The petitioner, Pratibha Andhare, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging the judgment of t...

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Supreme Court Allows Wife's Appeal in Divorce Case, Restores Family Court's Dismissal of Husband's Petition. Cruelty Allegations Based on Wife's Professional Success and Refusal to Leave Job Do Not Constitute Legal Cruelty Under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The Supreme Court considered an appeal by the wife against the High Court's judgment allowing the husband's divorce petition. The marriage was solemni...