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High Court Allows Divorce Appeal on Ground of Cruelty, Overturning Family Court Dismissal. Husband Established Mental Cruelty Under Section 13(1)(i-a) of Hindu Marriage Act, 1955, Through Wife's Abnormal Behavior, Public Humiliation, and Physical Violence, Despite Withdrawal of Unsoundness of Mind Ground.

The appeal arose from a divorce petition filed by the husband against the wife under the Hindu Marriage Act, 1955, on grounds of cruelty and unsoundne...

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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree Under Section 13(1A)(ii) of Hindu Marriage Act — Non-Compliance with Restitution of Conjugal Rights Decree for Over One Year Constitutes Ground for Divorce.

The appellant-wife challenged the judgment and decree dated 25.01.2022 passed by the I Additional Principal Judge, Family Court, Mysuru in M.C.No.53/2...

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High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

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Bombay High Court Allows Wife's Challenge to Family Court Order for Decree on Admission in Divorce Case — Order XII Rule 6 CPC Not Applicable Where Parties Allege Cruelty on Different Facts. Family Court Cannot Suo Motu Pass Decree on Admission Without Clear Admission of Same Cause of Action.

The petitioner wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The respondent husb...