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Search Results for "Divorce Petition"

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High Court

High Court Quashes FIR in Consensual Live-in Relationship Case Under Bharatiya Nyaya Sanhita, 2023. The court held that a mere breach of promise of marriage in a consensual relationship, without dishonest intention at inception, does not constitute an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, as the relationship occurred in Ireland and was based on mutual consent over two years.

4 Mar 2026

The dispute arose from a writ petition filed before the High Court of Karnataka seeking quashing of an FIR registered under Sections 69 and 115(2) of ...

Supreme Court

Supreme Court Allows Divorce in Irretrievable Breakdown Case Under Article 142 — Marriage Found Dead Despite 16 Years of Separation and Failed Mediation. Court Exercises Extraordinary Power to Grant Divorce Where Statutory Ground of Irretrievable Breakdown Does Not Exist, Finding Continuation Would Cause Emotional Trauma.

17 Dec 2019

The marriage between Munish Kakkar and Nidhi Kakkar was solemnized on 23 April 2000 according to Hindu rites. The parties lived together for only abou...

High Court

Bombay High Court Allows Husband's Appeal in Divorce Case Due to Procedural Irregularities. Family Court Decree Set Aside for Failure to Frame Issues and Denial of Opportunity to Lead Evidence.

30 Jan 2017

The appellant-husband challenged the judgment and decree dated 24th April 2015 passed by the Family Court at Bandra, Mumbai in Petition No. A-869 of 2...

High Court

Bombay High Court Dismisses Husband's Second Appeal in Marriage Annulment Case — Marriage Not Voidable for Lack of Free Consent Under Section 12 of Hindu Marriage Act, 1955. Allegations of coercion and criminal proceedings pressure rejected as consent was given with full knowledge and without immediate threat.

23 Dec 2015

The appellant husband, Mangesh Balkrushna Bhoir, filed a second appeal against the order of the Lower Appellate Bench which dismissed his petition for...

High Court

Karnataka High Court Allows Wife's Appeal for Interim Maintenance Under Section 36 of Divorce Act, 1869 — Family Court Erred in Rejecting Application Without Hearing on Merits. The court held that a wife is entitled to pendente lite alimony even if the validity of the marriage is disputed, and the Family Court cannot reject such application without considering merits, especially when no objections are filed by the husband.

15 Apr 2015

The appellant, Soumya, wife of Johny, filed an appeal under Section 55 of the Divorce Act, 1869, against the judgment and decree dated 27.03.2014 pass...

High Court

Bombay High Court Holds Amendment to Section 17 of Indian Divorce Act, 1869 Ousting Confirmation Requirement is Retrospective — Reference for Confirmation of Dissolution Decree Renders Infructuous. The amendment deleting the requirement of High Court confirmation of dissolution decrees applies to pending matters, making the reference infructuous.

9 May 2014

The case involves a First Appeal and a Reference arising from a matrimonial dispute under the Indian Divorce Act, 1869. The appellant, Sou. Kamal w/o ...

High Court

Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

13 Nov 2013

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Section...

High Court

Bombay High Court Allows Wife's Maintenance Claim Despite Private Divorce Document - Right to Maintenance Under Section 125 CrPC Not Waived by Private Agreement. Private divorce document cannot be used to deny maintenance unless marriage is legally dissolved by competent court.

2 Nov 2012

The petitioner, Sangita Wani, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

High Court

Bombay High Court Upholds Divorce Decree in Favor of Husband on Grounds of Cruelty and Desertion Under Hindu Marriage Act. Wife's Claim for Maintenance Dismissed as She Failed to Prove Neglect Under Hindu Adoptions and Maintenance Act.

21 Jun 2012

The case involves two appeals arising from a common judgment of the Family Court No. VII, Mumbai. The first appeal (FCA 28/2012) is by the wife challe...

High Court

Bombay High Court Quashes Criminal Proceedings in Maintenance Case Due to Civil Court Decree of Divorce — Husband's Complaint for Maintenance Filed After Divorce Decree Not Maintainable Under Section 125 CrPC

4 Sep 2006

The petitioners, including the wife and her relatives, sought quashing of criminal proceedings initiated by the husband (respondent no.1) under Sectio...

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