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Search Results for "divorce pending"

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High Court

Bombay High Court Dismisses Wife's Challenge to Family Court Jurisdiction in Divorce Petition — Husband's Residence in Mumbai and Marriage Reception Confer Jurisdiction Under Section 19 of Hindu Marriage Act, 1955. The court held that the husband's residence in Mumbai at the time of filing the petition and the marriage reception held in Mumbai were sufficient grounds for the Family Court, Mumbai to entertain the divorce petition, despite the parties being NRI spouses.

15 Apr 2024

The petitioner, Ms. Shikha Lodha (wife), and the respondent, Mr. Suketu Shah (husband), were married on 7 June 2015 in Jodhpur, Rajasthan, according t...

High Court

Bombay High Court Dismisses Husband's Appeal Challenging Family Court Jurisdiction in Divorce Petition Filed by Wife in Pune. Wife's Residence in Pune Confers Jurisdiction Under Section 19(iii)(a) of Hindu Marriage Act, 1955 as She is the Petitioner.

11 Dec 2014

The appellant husband, a US citizen, married the respondent wife on 21st November 2002 in India. The marriage was registered on the same day. The part...

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 ...

Supreme Court

Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

13 Sep 2021

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

High Court

Bombay High Court Allows Second Appeal in Divorce by Mutual Consent Case — Restores Trial Court's Decree Under Section 13B of Hindu Marriage Act, 1955. First Appellate Court Erred in Setting Aside Mutual Consent Divorce After Full Payment of Settlement Amount and Withdrawal of Consent by Wife.

9 Feb 2022

The appellant-husband and respondent-wife were married on 01/02/1998 as per Hindu rites. Disputes arose, leading to the wife filing a suit for restitu...

High Court

Bombay High Court Dismisses Wife's Appeal in Divorce Case on Grounds of Cruelty and Desertion. Wife's refusal to cohabit and emotional abandonment constituted mental cruelty and desertion under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955.

6 Apr 2021

The appellant-wife and respondent-husband were married on 26.01.2007 at Nagpur. The wife stayed with the husband only for a brief period from 26.01.20...

High Court

Bombay High Court Dismisses Wife's Second Appeal Against Refusal to Condon Delay in Challenging Divorce Decree — Remarriage of Husband After Expiry of Limitation Period Renders Appeal Infructuous Under Section 15 of Hindu Marriage Act, 1955.

29 Aug 2024

The present second appeal was filed by the appellant/wife against the judgment and order dated 15/09/2021 passed by the learned District Judge-10, Aur...

Supreme Court

Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

3 Dec 2021

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...

High Court

Bombay High Court Upholds Trial Court's Refusal to Allow Premature Amendment in Divorce Petition Under Portuguese Civil Code. Discretion of Trial Court Not Arbitrary When Ground for Divorce Based on Article 4(8) of Law of Divorce Was Premature as 10-Year Separation Period Had Not Expired.

10 Apr 2014

The petitioner, Mr. Antonio Ferdino Varela, filed a writ petition challenging the order dated 06.01.2014 passed by the learned District Judge-2, Panaj...

High Court

Gujarat High Court Upholds Divorce Decree on Ground of Cruelty Under Hindu Marriage Act — Husband's Failure to Repay Loan and False Allegations of Adultery Constitute Mental Cruelty

13 Mar 2026

The case involves a husband's appeal against a Family Court decree granting divorce to his wife on the ground of cruelty under Section 13(1)(ia) of th...

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