Divorce Proceedings Archives

Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”

Case Briefs High Courts

Bombay High Court allows transfer of divorce case for diabetic wife required to travel 468 Km

The Court also acknowledged the husband’s difficulty taking leave every now and then and allowed him to appear through video conferencing for the days when his physical presence is not required.

Case Briefs High Courts

Karnataka HC | A third party’s privacy cannot be permitted to be violated on the specious plea of a husband seeking to prove his wife’s illicit relationship

A Family Court order allowed a husband to seek mobile tower record details of the petitioner’s mobile number, so that he can prove the existence of illicit relations between the petitioner and his wife. The Karnataka HC sternly quashed the same citing violation of petitioner’s Right to Privacy

Case Briefs Supreme Court

Divorce| Wife’s act of rejecting posh accommodations of up to Rs. 30 lakhs rent per month “unreasonable”; “Similar” doesn’t mean “totally identical”: SC

Supreme Court: In a divorce proceeding, where a wife had “rejected” all the options for rented accommodation “similar” to her Industrialist husband’s

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

Raj HC | Convenience of the wife is to be preferred over the convenience of the husband in transfer petitions relating to matrimonial disputes

Rajasthan High Court: Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source

Case Briefs High Courts

Bom HC | If the wife is earning something for livelihood, can the same be a ground to refuse alimony under S. 24 of Hindu Marriage Act? Read Court’s ruling reiterating SC’s decision

Bombay High Court: Mangesh S. Patil, J., in the present application directed the husband to pay an amount of Rs 10,000 towards alimony

Case Briefs High Courts

Ker HC | Accused wrongfully charged of committing cheating and rape; Court grants bail in light of fabrication of facts by complainant

Kerala High Court: Alexander Thomas, J. disposed of a matter wherein a complaint was lodged against the petitioner accusing of committing rape