Search Results for "Hindu Marriage Act, 1955"

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Search Results for "Hindu Marriage Act, 1955"

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High Court

Karnataka High Court rules that a wife's failure to join husband after a decree for restitution of conjugal rights is not automatically voluntary desertion barring maintenance under Section 125(4) of the Code of Criminal Procedure, 1973. The court holds that the right to maintenance under Section 125 Cr.P.C. is a social welfare measure and cannot be defeated solely by the existence of a civil decree for restitution when the wife alleges cruelty.

23 Feb 2024

The judgment arises from three revision petitions filed by wives whose claims for maintenance under Section 125 of the Code of Criminal Procedure, 197...

Supreme Court

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.

13 Dec 2021

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...

Supreme Court

Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

4 Nov 2020

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

High Court

Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Is a Statutory Right Under Maharashtra Civil Services (Pension) Rules, 1982.

28 Feb 2019

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

High Court

Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

22 Dec 2018

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

30 Jul 2018

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

High Court

Bombay High Court Dismisses Husband's Nullity Petition and Grants Wife Restitution of Conjugal Rights in Marriage Voidable for Fraud. Husband Failed to Prove Fraud or Force Under Section 12(1)(c) of Hindu Marriage Act, 1955 as Wife's Consent Was Voluntary Despite Alleged Concealment of Past Relationship.

27 Apr 2018

The appellant-husband, Samit Subhash Agarwal, filed a petition under Section 12(1)(c) of the Hindu Marriage Act, 1955, seeking a decree of nullity of ...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Court Holds That Isolated Instances of Abnormal Behavior Without Medical Evidence Do Not Constitute Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

6 Jan 2015

This appeal arises from a judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the marriage between the appell...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree in Cruelty Case, Sets Aside Dissolution of Marriage. Husband's Petition for Nullity on Ground of Fraud Dismissed as Suicidal Tendency Not Concealed.

6 Jan 2015

The case involves an appeal by the wife against the judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the m...

High Court

Bombay High Court Allows Wife's Appeal for Maintenance Despite Void Marriage Under Hindu Marriage Act. Section 25 of Hindu Marriage Act, 1955 Entitles Wife to Maintenance Even if Marriage is Declared Void Ab Initio.

19 Sep 2006

The appellant-wife filed a petition under Section 11 of the Hindu Marriage Act, 1955 seeking a declaration that her marriage with the respondent-husba...

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