dissolution of marriage Archives

MP HC | Woman is considered half of her husband and thus completes him. While a man is also considered incomplete without a woman; Appeal for divorce dismissed

Madhya Pradesh High Court: The Division Bench of Vivek Rusia and Amar Nath (Kesharwani), JJ. dismissed the first appeal filed by the

Case Briefs High Courts

Can filing of a maintenance proceeding, a criminal case for harassment be said to be sufficient to jump to a conclusion that wife intended to harass husband and his relations? Bom HC throws light

Bombay High Court: In a matter of matrimonial discord, Mangesh S. Patil, J., expressed that, when admittedly, for whatever reason, there was

Case Briefs High Courts

Under Muslim Personal law, can Family Court dissolve the marriage of a couple? Bom HC elaborates

Bombay High Court: The Division Bench of V.K. Jadhav and Sandipkumar C. More, JJ., addressed whether Family Court under Muslim Personal Law

Case Briefs High Courts

Tri HC | Unable to approve this kind of matrimonial conduct or filing a suit for divorce on such coloured narrative; Court dismisses appeal in matter of divorce

Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ. dismissed an appeal which was filed under Section 28

Case Briefs Supreme Court

Can ’emotionally dead’ marriage be dissolved in exercise of Art. 142 of Constitution: Read Supreme Court’s opinion

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., dissolved a marriage while exercising its jurisdiction under Article

Case Briefs High Courts

P&H HC | 6 months wait is uncalled for; HC waives 6 months’ requirement, grants divorce to couple entrapped in an irretrievably broken marriage

Punjab and Haryana High Court: The Bench of Arun Monga, J., allowed waiver statutory period of 6 months for dissolution of marriage

Case Briefs High Courts

Madras HC | 12 long years of proceedings, but no appearance of wife. Assault on husband’s vital body part, not denied. Can her appeal against dissolution of marriage be still accepted? Read on

Madras High Court: The Division Bench of T. Raja and G. Chandrasekharan, JJ., while upholding the decision of Court below stated that

Op Eds OP. ED.

An Analysis of the Legality of Deeds of Living Together

by Shreya Srivastava*

Case Briefs Supreme Court

Malicious allegations against spouse costing him his job and reputation not an attempt to preserve the relationship but a definite case of mental cruelty: Supreme Court

“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.”

Case Briefs High Courts

Cal HC | When can S. 29(2) of Hindu Marriage Act come to rescue of parties seeking to prove divorce on basis of custom? Read the case of a second ‘wife’ denied widow pension

Calcutta High Court: Sabyasachi Bhattacharyya, J., expressed that: Where a conflict arises between individual conscience of the concerned Judge and judicial conscience,

Case Briefs High Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Case Briefs High Courts

Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider

Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the

Case Briefs High Courts

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife

Case Briefs High Courts

Bom HC | Does Family Court has jurisdiction to entertain an application for relief under Ss. 18 to 22 of the D.V. Act? Read what Court held

Bombay High Court: C.V. Bhadang, J., addressed an application regarding the transfer of Criminal Miscellaneous Application regarding the dissolution of marriage on

Case Briefs High Courts

Kar HC | Though Shariat permits a Muslim man to practise polygamy, but would that amount to cruelty to first wife? HC explains concept of Marital Cruelty

Karnataka High Court: A Division Bench of Krishna S. Dixit and P. Krishna Bhat, JJ., held that, “Though contracting a second marriage by

Case Briefs High Courts

Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years

Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that

Case Briefs High Courts

Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Bombay High Court: A.S. Kilor, J., held that contravention of the provision of Section 15 of the Hindu Marriage Act, 1955 does not

Case Briefs High Courts

Utt HC | Mental cruelty is no less than physical cruelty, wife causing mental cruelty to husband valid ground for dissolution of marriage; Court dismisses appeal

Uttaranchal High Court: A Division Bench of Ravi Malimath and Narayan Singh Dhanik, JJ., dismissed and appeal which was filed aggrieved by

Case Briefs High Courts

Del HC | Adultery can only be committed after marriage, allegation of having relationship before marriage cannot be a ground of adultery; Divorce petition dismissed

Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ., while addressing a matrimonial appeal filed on behalf of the

Case Briefs High Courts

Ker HC | Wife’s persistent effort to separate husband from family amounts to cruelty: Divorce granted in favour of husband

Kerala High Court: A Division Bench of A.M. Shaffique and Mary Joseph, JJ., granted a decree of divorce in favour of husband on