Search Results for "judicial 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

Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Irretrievable Breakdown of Marriage and Long Separation Considered Cruelty. False Criminal Complaints and Over 13 Years of Separation Justify Grant of Divorce with Permanent Alimony of Rs. 25 Lakhs.

14 Nov 2025

The appellant-husband, Yogendra Lahu Bhoir, and the respondent-wife, Prema Yogendra Bhoir, were married on 10 May 2006 and had a son born on 18 June 2...

High Court

Madras High Court Allows Husband's Appeal and Grants Divorce Decree Under Section 13(1A)(ii) Hindu Marriage Act Due to Wife's Failure to Enforce Restitution Decree. Trial Court Erred in Holding Fresh Petition Not Maintainable and in Treating Police Complaint as Enforcement Step.

21 Mar 2025

The marriage between the appellant (husband) and the respondent (wife) was solemnized on 2 February 2009 according to Hindu rites and customs. They li...

High Court

Bombay High Court Allows Husband's Appeal in Property Dispute After Divorce — Order 2 Rule 2 CPC Bar Not Applicable. The court held that a claim for declaration of ownership of a jointly owned flat filed after a divorce decree is not barred by Order 2 Rule 2 CPC as the cause of action for divorce and property relief are distinct.

23 Aug 2024

The appellant-husband and respondent-wife were married in 1967 and had two sons. In 1996-97, they purchased a flat in Mumbai in their joint names. In ...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Maintenance Order Under Section 125 CrPC — Husband's Plea of No Income Rejected as Wife Entitled to Maintenance Despite Earning Capacity. The court held that the husband's capacity to earn is relevant, not actual income, and the wife's own income does not absolve the husband from liability.

8 Feb 2018

The petitioner, Bhagwat Pitambar Borse, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order dated 23.0...

High Court

High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree in Cruelty Case. Marriage Dissolved Under Section 13 of Hindu Marriage Act, 1955 on Grounds of Mental Cruelty and Desertion.

19 Apr 2017

The appellant, Savithri, wife of S. Ravindra Reddy, filed an appeal under Section 19(1) of the Family Courts Act against the judgment and decree dated...

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 ...

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