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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.

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...

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Bombay High Court Dismisses Second Wife's Revision in Succession Certificate Dispute. Second Marriage During Subsistence of First Marriage Held Void Under Hindu Marriage Act, 1955, Entitling First Wife to Family Pension.

The case involves a dispute between two widows of the deceased Gangadhar Hiremath regarding entitlement to a succession certificate and family pension...

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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.

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...

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Bombay High Court Dismisses Husband's Challenge to Amendment in Restitution of Conjugal Rights Petition. Amendment Seeking to Add Grounds of Cruelty Based on Extra-Marital Relationship Held Permissible as It Does Not Introduce New Cause of Action Under Order 6 Rule 17 CPC.

The petitioner, Ariz Kohli, and the respondent, Tehzeeb Kohli, were married on 20 January 2002 under Muslim rites and have a son born on 1 August 2004...

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Bombay High Court Allows Wife's Appeal Against Judicial Separation Decree in Hindu Marriage Act Case — Cruelty Not Established. Husband's Petition Under Section 10 and 13(1)(i-a) of Hindu Marriage Act, 1955 Dismissed as Allegations of Mental Cruelty Were Not Proved and Were Based on Trivial Incidents.

The appeal was filed by the wife under Section 19 of the Family Courts Act, 1984, challenging the judgment of the Family Court, Nagpur, in Petition No...

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High Court of Karnataka Allows Appeal in Marriage Dissolution Case — Remand Order Set Aside Due to Lack of Jurisdictional Finding. Section 2(2) of Hindu Marriage Act, 1955 bars application to Scheduled Tribes unless custom is proved; court must first decide applicability of Act before remanding.

The appellant, Narayana Naik, and the respondent, Smt. Leelavathi N., belong to the Marathi Community, which is a Scheduled Tribe. Their marriage was ...

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Bombay High Court Quashes Process Against Accused in Domestic Violence Case Due to Lack of Territorial Jurisdiction. Complaint Filed at Nandurbar While Incident Occurred at Tenbhurne, Buldhana District, Violating Section 177 Cr.P.C.

The petitioners, 13 individuals, were aggrieved by an order dated 17.03.2012 passed by the Judicial Magistrate First Class, Nandurbar, issuing process...

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Karnataka High Court Dismisses Husband's Appeal in Divorce Case Due to Lack of Fraud or Cruelty. Allegations of Pre-Marital Assurance and Non-Consummation Do Not Constitute Grounds for Annulment or Divorce Under Sections 12(1)(a) and 13(1)(ia) of Hindu Marriage Act, 1955.

The appellant-husband, Kiran C., filed a petition under Section 12(1)(a) read with Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking annulmen...

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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

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