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Search Results for "divorce pending"

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High Court

High Court of Karnataka Allows Husband's Petition to Reject Wife's Suit Challenging Divorce Decree — Family Court's Order Set Aside for Lack of Jurisdiction Under Section 7 of Family Courts Act. The Family Court lacks jurisdiction to entertain a suit for declaration that its own decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, is null and void; the proper remedy is appeal.

17 Nov 2014

The petitioner, Chethan D.S., and the respondent, Manjushree N.T., were married on 5 September 2010. Differences arose, and they separated after about...

High Court

Bombay High Court Upholds Maintenance for Wife and Daughters Under Domestic Violence Act Despite Prior Divorce Decree. Cohabitation After Divorce and Subsequent Second Marriage Constitute Domestic Violence Under Section 3 of the Protection of Women from Domestic Violence Act, 2005.

5 Nov 2019

The case involves a criminal revision application filed by Atmaram Sanap challenging concurrent orders of maintenance passed under the Protection of W...

High Court

Gujarat High Court Allows Video Conferencing for Conciliation in Divorce by Mutual Consent Case. The Court held that Section 9 of the Family Courts Act, 1984 and Section 23(2) of the Hindu Marriage Act, 1955 do not mandate physical presence and that video conferencing is permissible to facilitate conciliation when a party resides abroad.

9 Mar 2026

The petitioners, a married couple, filed a joint petition under Section 13(b) of the Hindu Marriage Act, 1955, for divorce by mutual consent. The marr...

High Court

Bombay High Court Dismisses Wife's Appeal Against Divorce Decree in Cruelty and Desertion Case. Filing of False Criminal Case Under Section 498-A IPC and Section 97 CrPC Constitutes Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

16 Oct 2018

The appellant-wife filed a second appeal against the judgment and order of the District Judge-3 and Additional Sessions Judge, Ahmednagar, in Regular ...

High Court

Gujarat High Court Dismisses Husband's Appeal Against Divorce Decree in Cruelty Case — Mental Cruelty Established by Wife's Uncontroverted Evidence of Loan Default and False Allegations of Adultery Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

13 Mar 2026

The appellant-husband filed a first appeal under Section 19 of the Family Courts Act, 1984, challenging the judgment and decree dated 27.06.2023 passe...

High Court

Bombay High Court Allows Wife's Petition Challenging Maintainability of Second Divorce Petition Filed by Husband During Pendency of Earlier Proceedings. Family Court's Order Rejecting Objection to Maintainability Set Aside on Grounds of Res Judicata and Abuse of Process.

18 Dec 2025

The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 pa...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

Bombay High Court Nagpur Bench Hears Wife's Appeal Against Divorce Decree Granted on Ground of Cruelty. Court Examines Permissibility of Seeking Divorce as Alternate Relief in a Petition Filed Under Section 9 of Hindu Marriage Act, 1955 for Restitution of Conjugal Rights.

6 Jan 2014

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Supreme Court

Supreme Court Dismisses Transfer Petition in Divorce Case Due to Advanced Stage of Proceedings. Court Directs Husband to Pay Transportation Charges to Wife for Appearances Under Hindu Marriage Act, 1955, Section 13(1)(ia).

24 Sep 2021

The dispute arose from a transfer petition filed by the petitioner-wife, Abhilasha Gupta, seeking to transfer a divorce petition initiated by the resp...

High Court

Bombay High Court Allows Wife's Challenge to Family Court Order for Decree on Admission in Divorce Case — Order XII Rule 6 CPC Not Applicable Where Parties Allege Cruelty on Different Facts. Family Court Cannot Suo Motu Pass Decree on Admission Without Clear Admission of Same Cause of Action.

9 Apr 2010

The petitioner wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The respondent husb...

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