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Supreme Court Allows Wife's Appeal in Divorce Case, Restores Family Court's Dismissal of Husband's Petition. Cruelty Allegations Based on Wife's Professional Success and Refusal to Leave Job Do Not Constitute Legal Cruelty Under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The Supreme Court considered an appeal by the wife against the High Court's judgment allowing the husband's divorce petition. The marriage was solemni...

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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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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

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Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

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Bombay High Court Dismisses Wife's Petition Challenging Husband's Right to Enter Matrimonial Home Under Domestic Violence Act. Shared Residence Ordered for Both Spouses in Large Matrimonial Home Comprising Multiple Flats.

The petitioner-wife challenged a part of the order of the learned Judge, 2nd Family Court, Mumbai, dated 15th June 2010, which did not restrain the re...