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The statutory mandate under Section 14 of the HMA serves a crucial purpose in discouraging hasty dissolution of marriages and ensuring due deliberation before seeking divorce.
“Self-pleasure is not a forbidden fruit, its indulgence shall not lead to a precipitous fall from the Eden Garden of marriage. After marriage, a woman becomes a spouse, but she continues to retain her individuality. Her fundamental identity as an individual, as a woman, is not subsumed by her spousal status”.
“Order of priority hearing, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or great antiquity and urgency are left to be decided in the normal channel.”
“In matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer the petition.”
MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.
Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.
The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice.
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“Section 11(2) of Andhra Pradesh Civil Courts Act, 1972 empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.”
Delhi High Court: Expressing that, allegations made by the wife with regard to the husband demanding dowry and indulging in alcohol consumption,
Delhi High Court: The Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., noted in a matrimonial matter that the wife was
Rajasthan High Court: Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source
Kerala High Court: A.Muhamed Mustaque and Kauser Edappagath, JJ., addressed an interesting question of law, Can a direction to undergo DNA Test
Supreme Court: In a case where the husband and wife both sought transfer of cases filed against by both of them against
Patna High Court: Ahsanuddin Amanullah, J., dismissed an application for grant of pre-arrest bail to the petitioners. The petitioners apprehend arrest in
Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must
Delhi High Court: Anup Jairam Bhambhani, J., while addressing a matrimonial dispute, observed that, “the only criterion or test under Section 14 of
Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ., while addressing a matrimonial appeal filed on behalf of the
Punjab and Haryana High Court: H.S. Madaan, J. dismissed the application for the transfer of a divorce petition merely on the ground
Punjab and Haryana High Court: H.S. Madaan, J. allowed the transfer application for the convenience of the wife in the divorce petition.