Decree of Divorce Archives

Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce

This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.

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

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 Supreme Court

Maintenance amount being paid to son scaled-down, but period of maintenance increased: Supreme Court

Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and MR Shah, JJ., modifies the maintenance amount being to a son.

Case Briefs High Courts

Chh HC | Wife attempts suicide; throttles husband, daughter; assaults mother-in-law; consistently behaves abnormally. Is this mental cruelty, ground for husband to obtain divorce? HC elucidates

Chhattisgarh High Court: The Division Bench of Prashant Kumar Mishra and N.K. Chandravanshi, JJ., while finding error in trial court’s decision held

Case Briefs High Courts

Chh HC | Application under Or. 9 R. 4 of CPC also attracts provisions under S. 24 of Hindu Marriage Act, 1955

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J. sets aside the impugned order and allowed the petition. The facts of the case

Case Briefs High Courts

Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed

Chhattisgarh High Court: Rajendra Chandra Singh Samant J., allowed the petition and quashed the impugned order. The facts of the case are

Case Briefs High Courts

Madras HC | Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision

Madras High Court: T. Raja and G. Chandrasekharan, JJ., addressed a matter wherein wife approaches the wife appealed against the family court’s decision

Case Briefs High Courts

Bom HC | Is it necessary for the wife to file an application for permanent alimony in ‘writing’ under S. 25 of Hindu Marriage Act? Court unfolds dilemma of ‘oral’ & ‘written’ application

Bombay High Court: Pushpa V. Ganediwala, J., addressed the following substantial questions of law: Whether it is necessary for the wife to

Case Briefs Foreign Courts

SA HC | Islamic Marriages are not recognised as valid marriages in terms of Marriage Act and therefore a decree of divorce cannot be granted

South Africa High Court, Kwazulu-Natal Division: Bezuidenhout, J. while adjourning the application sine die granted the applicant leave to amend her papers

Case Briefs High Courts

Kar HC | Decree of divorce set aside in light of no statutory provisions followed by Family Court while granting the same

Karnataka High Court: The Division Bench of S.N. Satyanarayana and P.G.M. Patil, JJ. allowed this appeal and remanded the matter back to

Case Briefs High Courts

Raj HC | Decree of Divorce granted in light of compromise arrived between the parties

Rajasthan High Court: The Division Bench comprising of Narendra Singh Dhaddha and Mohammad Rafiq, JJ. allowed a decree of divorce which was

Case Briefs High Courts

Chh | Husband’s appeal for grant of decree of divorce on being subjected to ‘mental cruelty’ by wife, allowed

Chhattisgarh High Court: The Division Bench comprising of Prashant Kumar Mishra and Gautam Chourdiya, JJ. allowed an appeal to grant a decree

Case Briefs High Courts

Cal HC | ‘Divorced wife’ who hasn’t remarried held entitled to execute order granted under S.12 of DV Act; existence of ‘domestic relationship’ dispensed with

Calcutta High Court: Madhumati Mitra, J. dismissed an application filed by the petitioner to quash the order of the Additional Sessions Judge whereby

Case Briefs High Courts

Matrimonial dispute alleging demand for dowry, harassment and torture must be substantiated with clear and cogent documentary evidence or witness accounts

Uttaranchal High Court: A Division bench comprising of Rajiv Sharma and Alok Singh, JJ. dismissed an appeal filed against the judgment of

Case Briefs Supreme Court

Marriage solemnized before dismissal of appeal against decree of divorce held valid on ‘purposive construction’: SC

Supreme Court: The Bench comprising of S.A. Bobde and L. Nageswara Rao, JJ. allowed an appeal filed against the judgment of Delhi