Search Results for "Adultery"

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Search Results for "Adultery"

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Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Maintenance Order Under Section 125 Cr.P.C. — Husband's Willful Neglect and Sufficient Means Established. The court upheld the Family Court's award of ₹3,000 per month to the wife and ₹2,000 per month to the minor son, finding that the husband had sufficient means and had willfully neglected to maintain them.

24 Feb 2021

The case arises from a revision petition filed by Sri. Nagaraj (petitioner) against an order dated 28.03.2015 passed by the Family Court, Davanagere, ...

High Court

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.

6 Oct 2017

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...

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 Allows Husband's Petition in Maintenance Case Under Section 125 CrPC — Wife's Adultery Established as Ground for Refusing Maintenance. Court held that a wife living in adultery is not entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, and the Sessions Court erred in reversing the Magistrate's order rejecting maintenance.

22 Aug 2017

The petitioner, Charandas s/o Mulchand Chandanbawane, filed a criminal writ petition challenging the judgment and order dated 06.09.2016 passed by the...

High Court

Gujarat High Court Allows Wife's Maintenance Revision Against Rejection on Adultery Grounds — Insufficient Proof of Adultery Under Section 125 CrPC. The court held that mere suspicion or unsubstantiated allegations of adultery cannot defeat a wife's right to maintenance under Section 125 of the Code of Criminal Procedure, 1973, and that WhatsApp chats without proper certification are inadmissible.

3 Mar 2026

The applicant, Sobhaben, filed a Criminal Revision Application before the Gujarat High Court challenging the order of the Family Court, Karjan, dated ...

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...

High Court

Madras High Court Allows Husband's Appeal for Divorce on Ground of Adultery Under Section 13(1)(i) of Hindu Marriage Act, 1955. Illicit Relationship Proved Through Circumstantial Evidence and Conduct of Wife.

27 Apr 2026

The appellant, Manikandan, filed a Civil Miscellaneous Appeal under Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act...

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...

High Court

Bombay High Court Holds Amendment to Section 17 of Indian Divorce Act, 1869 Ousting Confirmation Requirement is Retrospective — Reference for Confirmation of Dissolution Decree Renders Infructuous. The amendment deleting the requirement of High Court confirmation of dissolution decrees applies to pending matters, making the reference infructuous.

9 May 2014

The case involves a First Appeal and a Reference arising from a matrimonial dispute under the Indian Divorce Act, 1869. The appellant, Sou. Kamal w/o ...

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