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Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation.

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grou...

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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.

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

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Supreme Court Allows State's Appeal in Ceiling Act Case — Customary Divorce Not Proven, Civil Suit Barred. High Court Erred in Interfering with Concurrent Findings and Ignoring Bar of Jurisdiction Under Section 46 of Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed a second appeal filed by the original plaintiff, Dungaji, ...

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Bombay High Court Allows Wife's Appeal in Divorce Case Under Goa Law of Divorce — Allegations of Unchastity in Deposition Constitute Cruelty. Condonation of cruelty not a valid defense under Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa.

The case involves a divorce petition filed by the wife (appellant) against the husband (respondent) under the Law of Divorce in force in Goa. The part...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty and Dismisses Wife's Appeal for Restitution of Conjugal Rights. False criminal complaints by wife constitute mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves cross-appeals arising from a common judgment of the Family Court, Nagpur, dated 15-4-2009. The husband, Manoj Pate, filed First Appe...