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Bombay High Court Allows Wife's Appeal in Divorce Case Due to Cruelty and Desertion — Marriage Dissolved Under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955. Husband's Conduct of Filing False Complaints and Withdrawing Consortium Constituted Mental Cruelty and Desertion.

The appellant-wife, Smt. Asha Sanjay Dandekar, filed a Family Court Appeal challenging the judgment and decree dated 14th February 2022 passed by the ...

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Madras High Court Allows Appeal in Indian Divorce Act Case — Marriage Dissolved Due to Cruelty by Desertion. Family Court Dismissal Set Aside as Long Separation and Refusal to Cohabit Amounted to Cruelty Under Section 10(1)(x) of Indian Divorce Act, 1869, Post-2010 Amendment.

The matter arose from a Christian marriage solemnized on 1.12.2016. A male child was born to the first respondent on 20.09.2017. The appellant/husband...

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Bombay High Court Allows Wife to File Counterclaim for Restitution of Conjugal Rights and Reliefs Under Domestic Violence Act in Pending Divorce Proceeding — Limitation Under Order VIII Rule 6A CPC Not Applicable to Counterclaim Under Section 23A of Hindu Marriage Act, 1955

The petitioner, Ruchi Gour, wife of Bhanupratapsingh Gour, filed a writ petition challenging an order dated 27-07-2016 passed by the Family Court, Nag...

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Karnataka High Court Allows Wife's Maintenance Claim and Enhances Son's Maintenance in Section 125 CrPC Case — Family Court Erred in Denying Maintenance to Wife Based on Earning Capacity Alone; Son's Maintenance Enhanced from Rs.500 to Rs.1,500 Per Month.

The revision petition was filed by the wife and minor son against the order dated 14.10.2010 passed by the Judge, Family Court, Belgaum in Criminal Mi...

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Bombay High Court Restores Maintenance to Wife Despite Adultery Allegation — Cancellation of Maintenance Requires Proof of Adultery at the Time of Claim, Not Past Divorce Decree. Family Court's Reliance on Divorce Decree and Witness Testimony Held Insufficient to Prove Adultery Under Section 125 CrPC.

The petitioners, Laxmi Dnyanadeo Netke (wife) and her minor son Vikas Dnyanadeo Netke, challenged the common order dated 17.7.2014 passed by the Famil...

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Bombay High Court Sets Aside Ex Parte Divorce Decree for Lack of Proper Service of Summons in Hindu Marriage Act Case. Service of summons must be at correct address and refusal must be properly proved; ex parte decree without proper service is a nullity.

The appellant, Deepali Pratap Sonawane, the wife, challenged the judgment and decree dated 10th February 2012 passed by the Family Court, Aurangabad i...