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Search Results for "divorce settlement"

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Supreme Court

Supreme Court Quashes Domestic Violence Proceedings in Favor of Husband Due to Binding Mediated Settlement. The Court Held That Proceeding with a Domestic Violence Complaint After a Comprehensive Settlement Including a No-Litigation Clause and Substantial Transfers Constitutes an Abuse of Process Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

13 Apr 2026

The dispute arose from matrimonial discord between a husband and wife, leading to a mediated settlement agreement dated 16.05.2024 that resolved all d...

High Court

Bombay High Court Dismisses Appeal by Legal Heirs of Deceased Husband Seeking to Continue Divorce by Mutual Consent Petition. Right to Sue for Divorce is Personal and Does Not Survive to Legal Heirs Under Section 13-B of the Hindu Marriage Act, 1955.

1 Aug 2024

The case involves an appeal by the mother and brothers of the deceased husband, Aniket, against an order of the Family Court refusing to allow them to...

Supreme Court

Supreme Court Allows Husband's Appeal in Muslim Divorcee Maintenance Case — Section 125 CrPC Remedy Not Barred by Muslim Women Act. The Court held that a divorced Muslim woman can claim maintenance under Section 125 CrPC despite the Muslim Women (Protection of Rights on Divorce) Act, 1986, as the latter does not expressly or impliedly bar the secular remedy.

10 Jul 2024

The appeal arose from an order of the High Court of Telangana which reduced interim maintenance payable by the appellant-husband to the respondent-wif...

Supreme Court

Matrimonial Dispute: Appellant's Offer of Lump Sum Alimony Upholds Supreme Court's Decree of Divorce

8 Jul 2024

This case concerns a long-standing matrimonial dispute between the appellant-husband and respondent-wife, who have been separated since 2008. The marr...

High Court

Bombay High Court Upholds Husband's Right to Withdraw Consent in Mutual Divorce Case — Consent Withdrawal Permitted Before Final Decree Despite Settlement Before Marriage Counsellor Under Section 13-B of Hindu Marriage Act, 1955.

10 Dec 2021

The petitioner-wife and respondent-husband married on 24.04.2012 and separated in March 2013. The husband filed a divorce petition on the ground of de...

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

Bombay High Court Allows Husband's Appeal in Marriage Annulment Case — Sets Aside Restitution of Conjugal Rights Decree. Marriage declared null and void as wife was suffering from schizophrenia at time of marriage, a mental disorder of such kind that husband could not reasonably be expected to live with her under Section 5(ii)(b) of Hindu Marriage Act, 1955.

11 Sep 2019

The appellant-husband filed a petition under Section 11 read with Section 5(ii)(b) of the Hindu Marriage Act, 1955, seeking annulment of his marriage ...

High Court

Bombay High Court Allows Wife's Appeal Against Conversion of Divorce Petition to Mutual Consent Divorce Without Proper Consent. Family Court's Order Set Aside for Non-Compliance with Section 13B of Hindu Marriage Act, 1955.

6 Jan 2017

The appellant-wife, Mrs. Bharti Bhausaheb Aher, filed an appeal against the judgment and order dated 20.6.2015 passed by the Principal Judge, Family C...

High Court

Bombay High Court Allows Waiver of Statutory Cooling-Off Period in Mutual Consent Divorce Case Due to Irretrievable Breakdown of Marriage. Court Holds That Section 13-B(2) of Hindu Marriage Act, 1955 Is Not Mandatory and Can Be Waived to Prevent Hardship When Parties Have Been Living Separately for Over Three Years.

7 May 2015

The petitioners, a married couple, filed a writ petition before the Bombay High Court at Aurangabad challenging an order dated 8 April 2015 passed by ...

High Court

Bombay High Court Dismisses Husband's Appeal Against Divorce by Mutual Consent — Consent Once Given Cannot Be Unilaterally Withdrawn Without Just Cause Under Hindu Marriage Act, 1955. The court upheld the Family Court's decree of divorce by mutual consent despite the husband's subsequent withdrawal, holding that the Family Court had correctly found the consent to be free and voluntary.

6 May 2011

The appeal arose from a divorce petition filed by the wife on the ground of cruelty. During pendency, the parties executed consent terms on 6 October ...

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