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Search Results for "divorce decree"

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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...

Supreme Court

Supreme Court Partially Allows Husband's Appeal in Maintenance Dispute Under Hindu Marriage Act — Upholds Independent Jurisdiction of Sections 24 and 26 Post-Withdrawal of Divorce Petition. The Court reduced maintenance for the adult son from ₹35,000 to ₹25,000 per month and set aside the 10% escalation clause, while affirming that Sections 24 and 26 of the Hindu Marriage Act, 1955 survive withdrawal of the main petition.

13 Dec 2024

The present appeals arise from a matrimonial dispute between Parvin Kumar Jain (appellant-husband) and Anju Jain (respondent-wife). The parties were m...

High Court

High Court of Karnataka Dismisses Husband's Challenge to Maintenance Order in Execution Proceedings — No Jurisdictional Error Found. Family Court's Inherent Powers Under Section 151 CPC Upheld to Direct Payment of ₹25,000 Per Month to Wife and Child.

6 Feb 2024

The petitioner, Sri Chandrashekhara B.T., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 08.10.2021 p...

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 Husband's Appeal for Divorce on Ground of Irretrievable Breakdown of Marriage Under Article 142 Despite Wife's Objection. Marriage Dissolved with Rs. 20 Lakh Permanent Alimony to Wife.

4 Oct 2019

The appellant husband and respondent wife were married on 09.05.1993 and had a male child on 29.08.1995. Due to differences, the wife stayed at her pa...

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

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 ...

High Court

Bombay High Court Upholds Divorce Decree on Grounds of Cruelty Under Hindu Marriage Act — Wife's Threatening and Quarrelsome Behavior Constitutes Mental Cruelty. Custody of Minor Child Retained with Wife with Visitation Rights to Husband.

15 Sep 2016

The appellant-wife challenged the Family Court's judgment dated 20.12.2011 granting divorce to the respondent-husband under Section 13(1)(ia) of the H...

High Court

Bombay High Court Dismisses Both Husband's Divorce Appeal and Wife's Restitution Appeal in Hindu Marriage Act Case Due to Lack of Cruelty and Lack of Genuine Intention to Cohabit. Refusal to Transfer Job and Incompatibility Do Not Amount to Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955, and Wife's Restitution Petition Was Not Bona Fide.

3 Oct 2013

The case involves two cross-appeals arising from a matrimonial dispute between V (husband) and N (wife), who were married on 25th December 1996 in Pun...

High Court

Bombay High Court Confirms Divorce Decree in Christian Marriage Dissolution Case Under Section 10 of Indian Divorce Act, 1869. Court upholds Family Court's decree dissolving marriage on grounds of adultery and cruelty, finding no legal infirmity.

13 Jan 2006

The case involves a civil reference under Section 10 of the Indian Divorce Act, 1869, where the Principal Judge, Family Court No.2, Pune, passed a dec...

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