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divorce

Case BriefsSupreme Court

Video conferencing can be used for conducting proceedings in second motion of mutual consent divorce

Supreme Court: Holding that the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 for a

Published on September 12, 2017November 9, 2020By Prachi Bhardwaj
1 Comment10109 views
Case BriefsSupreme Court

In the historic judgment, SC says that Triple Talaq is not fundamental to Islam; Practice set aside by a 3:2 majority

Supreme Court: After conducting a 6-day hearing during summer vacations, the historic verdict on the validity of Triple Talaq is out and

Published on August 22, 2017September 1, 2017By Prachi Bhardwaj
1 Comment12860 views
Case BriefsHigh Courts

No bar for claiming maintenance under S. 24 Hindu Marriage Act, even in the event of application under S. 125 CrPC having been filed

Karnataka High Court: While passing the order in a writ petition filed under Articles 226 and 227 of the Constitution, a Single

Published on August 5, 2017July 11, 2023By Saba
Leave a comment16840 views
Case BriefsSupreme Court

Husband seeking divorce on ground of cruelty to pay one time permanent alimony to wife and provide her with a residence

Supreme Court: In the case where the wife made reckless, defamatory and false accusations against her husband, his family members and colleagues,

Published on April 24, 2017May 3, 2017By Prachi Bhardwaj
4 Comments13019 views
Case BriefsSupreme Court

Isolated instances of long past cannot constitute an act of cruelty under Section 13(1)(ia)of the Hindu Marriage Act, 1955

Supreme Court: Explaining the scope of ‘cruelty’ as a ground for dissolution of marriage, the Bench of R.K. Agrawal and A.M. Sapre,

Published on March 8, 2017March 24, 2017By Prachi Bhardwaj
2 Comments7581 views
Case BriefsHigh Courts

Irretrievable breakdown of marriage considered to be a ground to annul marriage

Delhi High Court: There was an appeal against the decision of the Family Court  which had dismissed the request for annulment of the

Published on February 8, 2017February 24, 2017By Saba
1 Comment6578 views
Case BriefsHigh Courts

Withdrawal of consent from a settlement for divorce, without any cogent cause, amounts to cruelty

Delhi High Court: While upholding the impugned judgment of the Family Court granting divorce to the parties, the Division Bench of Pradeep Nandrajog,

Published on December 12, 2016January 4, 2017By Saba
1 Comment12114 views
Case BriefsHigh Courts

Legally divorced wife also entitled to seek relief under the Domestic Violence Act, 2005

High Court of Kerala: Deciding the question on whether subsistence of matrimonial relationship is a sine-qua-non for seeking reliefs under Sections 18

Published on December 2, 2016January 5, 2017By Prachi Bhardwaj
Leave a comment7551 views
Case BriefsSupreme Court

Mere suspicion of extra-marital relationship, per se, would not come within the ambit of ‘cruelty’ under Section 498-A IPC

Supreme Court: Stating that extra-marital relationship, per se, or as such would not come within the ambit of Section 498-A IPC, the

Published on November 25, 2016January 4, 2017By Prachi Bhardwaj
Leave a comment8272 views
Case BriefsSupreme Court

Forcing the husband to leave his parents, who are dependent on his income, amounts to cruelty

Supreme Court: Dealing with the case where the husband had sought divorce from his wife on the ground that she was forcing

Published on October 6, 2016October 14, 2016By Prachi Bhardwaj
Leave a comment15029 views
Case BriefsHigh Courts

Past acts of cruelty after condonation, are not a ground to seek divorce, unless revived by later acts of cruelty

Delhi High Court: Hearing an appeal against the Family Court’s order dismissing the appellant husband’s petition for dissolution of marriage on grounds

Published on August 29, 2016January 21, 2017By Saba
Leave a comment10990 views
Case BriefsHigh Courts

Family Courts are not allowed to enlarge the scope of enquiry under S. 13-B(2) of the Hindu Marriage Act

Madras High Court: While deciding upon an appeal against the order and decree passed by the Family Court, Tirunelveli, the Division Bench

Published on August 24, 2016September 17, 2016By Sucheta
Leave a comment10459 views
Case BriefsHigh Courts

Family Courts cautioned not to sit with a ‘preoccupied mind and extract reasonings from the void’ while deciding divorce cases

Karnataka High Court: Expressing concern over the insensitive approach of the Family Court, Bellary in the present case wherein it had granted

Published on July 30, 2016September 13, 2016By Sucheta
Leave a comment5168 views
Case BriefsSupreme Court

Husband duty bound to take care of ill wife before seeking divorce

Supreme Court: In a divorce matter, where the wife was found suffering from a life threatening disease, the Court held that it

Published on December 5, 2015December 14, 2015By Sucheta
Leave a comment5914 views
High Courts

Issue of jurisdiction to be decided before deciding on divorce

Bombay High Court: Deciding on the question whether a couple having their native place in particular city or state can file for

Published on August 19, 2015October 14, 2015By Sucheta
1 Comment5515 views
High Courts

Serious and unsubstantiated allegations of adultery amount to cruelty offering a ground for divorce

Himachal Pradesh High Court– While deciding the present divorce matter wherein repeated false and frivolous allegation of adultery were made by the

Published on August 7, 2015October 14, 2015By Sucheta
Leave a comment5976 views
Supreme Court

Section 493 IPC not attracted if ex-parte decree of divorce is set aside by a subsequent order

Supreme Court: In an interesting case that came before the Court where the respondent, after receiving an ex-parte decree of divorce, had

Published on April 20, 2015October 14, 2015By Sucheta
Leave a comment6381 views
Supreme Court

Law which mandates “monogamy as a social reform” does not violate the personal laws of Muslims which permits “polygamy”

Supreme Court: Dealing as to whether the provisions of the U.P. Government Servant Conduct Rules, 1956 which talks about the removal of

Published on February 11, 2015October 14, 2015By Sucheta
Leave a comment5239 views
High Courts

Parsi man’s plea to nullify wedlock under Hindu Marriage Act rejected

Bombay High Court: Dismissing a plea by a Parsi man to declare his 15 year old marriage to a Hindu woman null

Published on November 1, 2014October 14, 2015By Sucheta
Leave a comment3830 views
Supreme Court

Decree of divorce does not absolve the husband from liability under the Domestic Violence Act

Supreme Court: Deciding a case of domestic violence, where the decree of divorce had been obtained subsequently, the Court held that an

Published on October 14, 2014October 14, 2015By Sucheta
3 Comments12620 views

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