Search Results for "consent divorce"

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Search Results for "consent divorce"

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Supreme Court

Supreme Court Dismisses Husband's Divorce Appeal in Cruelty and Adultery Case — Irretrievable Breakdown Not a Ground for Divorce Under Hindu Marriage Act, 1955. Court holds that allegations of adultery and cruelty must be proved by evidence, and irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

1 Jan 2026

The present appeal arises from a judgment of the Allahabad High Court dismissing the husband's appeal against the Family Court's order rejecting his d...

High Court

High Court of Karnataka Quashes Section 498A IPC Proceedings Against Husband Due to Lack of Specific Allegations and Malicious Prosecution. The court held that vague and omnibus allegations in a matrimonial dispute cannot sustain criminal proceedings and quashed the charge sheet to prevent abuse of process.

2 Jun 2025

The petitioner, Mr. Mali Subbiah, filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in C.C.No.50676/2023 arising out of...

Supreme Court

Supreme Court Partially Allows Husband's Appeal in Maintenance Dispute Under Hindu Marriage Act — Upholds Independent Jurisdiction of Sections 24 and 26 Post-Withdrawal of Divorce Petition. The Court reduced maintenance for the adult son from ₹35,000 to ₹25,000 per month and set aside the 10% escalation clause, while affirming that Sections 24 and 26 of the Hindu Marriage Act, 1955 survive withdrawal of the main petition.

13 Dec 2024

The present appeals arise from a matrimonial dispute between Parvin Kumar Jain (appellant-husband) and Anju Jain (respondent-wife). The parties were m...

Supreme Court

Supreme Court Allows Appeal in Cheating and Bigamy Case — Prima Facie Case Made Out for Summoning Under Section 420 IPC. The Court held that at the preliminary stage of summoning, the Magistrate need only find a prima facie case, and the allegations of showing a forged divorce decree and inducing marriage and payment of money constitute such a case under Section 420 read with Section 120-B IPC.

26 Apr 2024

The appellant husband filed a criminal complaint alleging that the respondent no.1 wife, along with her relatives (respondent nos.2 and 3), cheated hi...

High Court

Bombay High Court Allows Husband's Petition to Quash Maintenance Order for Minor Daughter Due to Suppression of Receipt of Permanent Alimony. Wife's failure to disclose Rs.2,00,000 received as permanent alimony for herself and daughter in mutual divorce proceedings amounts to fraud on court, vitiating maintenance claim under Section 125 Cr.P.C.

27 Sep 2022

The petitioner husband and respondent wife obtained a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 on 10th O...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce on Ground of Cruelty Under Special Marriage Act — Allegations of Mental Cruelty Not Proved. Court holds that mere allegations of pre-marital affair and rude behavior without corroborative evidence do not constitute cruelty under Section 27(d) of the Special Marriage Act, 1954.

7 Apr 2021

The appellant-husband, Sunesh Sudhakar Rele, filed a Family Court Appeal against the judgment and order dated 2nd April 2012 passed by the Family Cour...

High Court

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.

12 Dec 2018

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...

High Court

Bombay High Court Allows Husband's Petition in Maintenance Case Under Section 125 CrPC — Reverses Sessions Court Order Granting Maintenance to Wife. Court Holds That Wife's Refusal to Live with Husband Without Sufficient Reason and Her Earning Capacity Disentitle Her to Maintenance Under Section 125(4) CrPC.

24 Aug 2018

The case involves a criminal writ petition filed by the husband under Article 227 of the Constitution of India challenging the order of the Additional...

High Court

Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

8 Dec 2016

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

High Court

Bombay High Court Allows Maintenance Petition Under Section 125 CrPC for Wife and Children Despite Husband's Objections Based on Divorce and Remarriage. Court Holds That a Muslim Husband's Obligation to Maintain Wife Continues Until She Remarries, and Maintenance for Children Is Not Affected by Divorce.

12 Aug 2005

The petitioner, Elizabeth Nagendra Addakallu, filed a Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482 of t...

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