divorce Archives | Page 5 of 10

Tri HC | Woman who is serving in a force can’t be expected to take care of the child alone, as is expected from housewife; Court dismisses petition for dissolution of marriage

Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., dismissed an appeal which was filed aggrieved by the

High Court Round Up Legal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Case Briefs High Courts

Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides

Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125

Case Briefs District Court

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

City Civil & Sessions Judge, Bangalore: Krishnamurthy R. Padasalgi, LV Addl. City Civil & Sessions Judge upheld the order of the trial

Case Briefs High Courts

Cruelty by Wife | Wife made serious criminal allegations against husband and his parents but couldn’t prove: Would this amount to cruelty against husband to grant divorce? Del HC answers

Delhi High Court: While addressing a matrimonial matter wherein a wife caused cruelty to husband, Division Bench of Vipin Sanghi and Jasmeet

Case Briefs High Courts

Law on Maintenance | Father having to bear expenses of other dependents can ignore from sharing equal responsibility of son’s educational expenses? Bom HC elaborates

Bombay High Court: Expressing that mother and father are equally responsible to equally share the education expenses of the child, Division bench

Case Briefs District Court

Divorce by Mutual Consent: Family Court dissolves marriage where husband and wife had difference of opinions and incompatible temperament

Family Court Pune: M.R. Kale, J., granted a decree of divorce by mutual consent to a couple who due to difference of

Case Briefs Supreme Court

Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC

Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.

Case Briefs High Courts

MP HC | Waiting period will only prolong their agony; Court waives off cooling period in divorce proceedings

Madhya Pradesh High Court: S.A. Dharmadhikari, J., decided in the matter of the petition which was filed challenging the order passed by

Case Briefs District Court

Husband and Wife separated for more than 1 year. Will 6 months period be waived, if divorce is sought mutually under S. 28 of Special Marriage Act? Pune Family Court decides

Family Court No. 3, Pune: M.R. Kale, J., addressed a petition for divorce by mutual consent under Section 28 of the Special

Case Briefs High Courts

Ker HC | Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states

“Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise”

Case Briefs High Courts

[Child Marriage] P&H HC | Where minor wife fails to obtain decree of nullity before attaining age of majority, the marriage becomes a valid one; HC interprets

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that in case of child marriage,

Case Briefs Supreme Court

Irretrievable breakdown of marriage: SC invokes Art. 142 to dissolve marriage which never took off from first day and parties living separately for almost 20 yrs

Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was

Case Briefs High Courts

Bom HC | No decision on divorce petition, yet wife creates matrimonial profile expressing will for second marriage. Can this be a ground for divorce?

Bombay High Court: The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ. addressed whether prior to the decision on divorce petition,

Case Briefs High Courts

P&H HC | Amandeep Singh’s case has not been appreciated in its real sense by the Family Court; HC allows waiving off mandatory 6 months period for divorce

Punjab and Haryana High Court: G. S. Sandhawalia, J., allowed the application for waiving off the mandatory period of six months for

Case Briefs High Courts

Bom HC | Husband marrying second time after grant of divorce. Is it ‘domestic violence’ within DV Act? Decrypted

Bombay High Court: Manish Pitale, J., expressed while addressing the present application that, “Second marriage cannot come within the definition of domestic

Case Briefs High Courts

[Marital Rape] Ker HC | Is marital rape a form of cruelty? Can it be a ground for divorce? HC examines

Kerala High Court: The Division Bench comprising of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that merely for the reason that

Case Briefs High Courts

Bom HC | Is the 6 months period stipulated under S. 13-B(2) of Hindu Marriage Act mandatory or relaxation in exceptional situations is permitted? Read on

Bombay High Court: Sandeep K. Shinde, J., addressed a petition with regard to waiving the cooling period. Whether the minimum period of

Case Briefs High Courts

Ker HC | Does false accusation of unchastity amount to cruelty? Can it be the ground for divorce? HC answers

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that unsubstantiated allegation of unchastity against wife

Case Briefs High Courts

Bom HC on Cruelty & Desertion | Wife wishing to stay abroad. Is that an act of selfishness? Can it be ground of divorce? Court answers

Bombay High Court: The Division Bench of Ujjal Bhuyan and Prithviraj K. Chauhan, JJ., held that wife wishing to stay abroad with