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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.

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...

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Madras High Court Allows Wife’s Appeal in Divorce Case Holding Unsubstantiated Adultery Allegation by Husband Constitutes Cruelty. Subsequent Events Including Adultery Imputation and Long Separation Considered to Dissolve Marriage Under Section 19 of Family Courts Act, 1984.

The appeal arose from a Christian marriage solemnized on 29 December 2003 between Shally Roselin, a teacher, and Aaron Durairaj, a Reverend and corres...

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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 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 Dismisses Husband's Divorce Appeal in Goan Marriage Dispute — Abandonment of Conjugal Domicile Not Proven. Wife's Refusal to Live with Husband's Family Does Not Amount to Desertion Under Section 10 of the Portuguese Civil Code, 1867.

The appellant-husband and respondent-wife, both Goan, married on 22.2.1977 and had two children born in Goa. The husband, a seaman, filed a suit on 10...