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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree in Cruelty Case — Marriage Irretrievably Broken Due to Wife's Unfounded Allegations and Refusal to Cohabit. Section 13 of Hindu Marriage Act, 1955 — Cruelty Established by Husband's Evidence of False Complaints and Desertion.

The appellant-wife challenged the decree of divorce granted by the Family Court, Bellary, in Matrimonial Case No.221/2013 dated 30.10.2014, dissolving...

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Karnataka High Court Allows Wife's Appeal for Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Marriage Irretrievably Broken Down Due to Unsubstantiated Allegations of Adultery and Harassment.

The appellant, Smt. G. Premalatha @ N. Premalatha, filed an appeal under Section 19(1) of the Family Courts Act against the judgment and decree dated ...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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High Court of Karnataka Dismisses Petition Seeking Stay of Divorce Proceedings Pending Nullity Petition Under Section 10 CPC. Nullity and Divorce Petitions Under Hindu Marriage Act, 1955 Involve Distinct Matters in Issue, Hence Section 10 CPC Stay Not Applicable.

The petitioner husband and respondent wife were married on 17 June 2010. The petitioner filed M.C. No. 43/2013 under Section 12 of the Hindu Marriage ...

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High Court of Karnataka Allows Wife's Appeal in Divorce Case — Sets Aside Family Court's Dismissal of Maintenance Petition. Wife entitled to interim maintenance under Section 24 of Hindu Marriage Act, 1955 despite husband's claim of unemployment.

The appellant-wife, Smt. Sreelakshmi, married the respondent-husband, Sri Lakshminarayan S Hegde, on 9-12-2010. The wife had no parents and was brough...

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High Court of Karnataka Quashes Family Court Order Striking Out Defence in Divorce Case — Violation of Natural Justice. Failure to Grant Opportunity to Cross-Examine Witnesses Before Striking Out Defence Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The petitioner, Dr. Deepak Kumar M.M., and the respondent, Dr. Poornima S., were married on 15 December 2010 in Bangalore. The respondent filed a divo...

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High Court of Karnataka Allows Mutual Divorce Petition Under Section 13B of Hindu Marriage Act, 1955 Despite Parties Living Under Same Roof. Living Under Same Roof Does Not Bar Mutual Divorce if Parties Have No Marital Relationship for Over a Year.

The appellants, a Hindu couple married on 27.11.2005 under Arya Samaj rites, filed a petition for divorce by mutual consent under Section 13B of the H...