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judicial separation

Allahabad High Court
Case BriefsHigh Courts

Cruelty and Desertion mutually exclusive; Once cruelty is proved, divorce should be granted irrespective of proof of desertion: Allahabad HC

“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”

Published on June 6, 2024June 12, 2024By Apoorva
1 Comment9085 views
allahabad high court
Case BriefsHigh Courts

If small disputes in marriage are recognised as cruelty, many marriages may be at risk of being dissolved without any real cruelty: Allahabad HC grants decree of judicial separation

“In absence of any proceedings for restitution of conjugal rights by either party, the court below ought to have granted a decree for judicial separation by way of alternative relief”

Published on November 30, 2023November 30, 2023By Apoorva
1 Comment2005 views
Case BriefsHigh Courts

Can judicial separation be granted instead of divorce for which party has approached the Court? Read what Del HC says

Delhi High Court: Expressing that the Family Court’s decision was based on optimism and hope rather than the actual factual matrix of

Published on February 21, 2022February 25, 2022By Bhumika Indulia
1 Comment7926 views
Case BriefsHigh Courts

Chh HC | Judicial separation in place of divorce not to be granted mechanically in applications for divorce by mutual consent; Serious dispute not pre-requisite for seeking mutual consent

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and N.K. Chandravanshi, JJ., reversed a decree of judicial separation passed by

Published on May 14, 2021July 23, 2021By Bhumika Indulia
1 Comment5109 views
Case BriefsSupreme Court

Restitution of conjugal rights| Read how Supreme Court imparted justice to a woman despite rejecting her Transfer Petition

“While the hardship, both social and financial, pleaded by the petitioner deserves favourable consideration, the transfer of the case at this stage of the proceeding may not be appropriate.”

Published on January 30, 2021February 5, 2021By Prachi Bhardwaj
Leave a comment6891 views
Case BriefsHigh Courts

Del HC | Wife’s application seeking setting aside of ex-parte decree of Judicial Separation dismissed on treating refusal to receive summons as due service

Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ. dismissed an appeal filed by the appellant-wife against the order

Published on September 6, 2019September 9, 2019By Bhumika Indulia
Leave a comment3636 views
Case BriefsHigh Courts

P&H HC | Wife entitled to permanent alimony even if a decree declaring her marriage null and void has been passed under S. 11 of HMA

Punjab and Haryana High Court: A Division Bench of Rakesh Kumar Jain and Harnaresh Singh Gill, JJ. allowed an appeal asking for

Published on July 4, 2019July 8, 2019By Bhumika Indulia
2 Comments8740 views
Case BriefsHigh Courts

Del HC | Divorce granted on grounds of causing wrongful incarceration of husband coupled with irretrievable breakdown of marriage

Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ. allowed an appeal filed by the husband against the decision of

Published on April 29, 2019May 1, 2019By Bhumika Indulia
Leave a comment3959 views

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