divorce Archives

Wife refused to join company of husband on ground of ‘auspicious time’. Would this amount to ‘desertion’ by wife? Chh HC elucidates

Chhattisgarh High Court: The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., held that the wife refusing to join the company

Case Briefs High Courts

“Overseas wife”, 11 years old marriage, husband visited wife for few days on yearly visits from Canada: A moribund marriage or not? Del HC decides

Delhi High Court: While addressing a matter of divorce proceedings, the Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., expressed that,

Case Briefs High Court Round Up High Courts Legal RoundUp

Delhi High Court’s Exhaustive Year-End RoundUp | Amazon v. Future Retail, Rakesh Asthana’s appointment, Feeding of Stray Dogs, 5G Technology, Delhi Riots & more

From major rulings like Amazon v. Future Group to 22 Guidelines on Feeding of Stray Dogs, Delhi High Court delivered some very

Case Briefs District Court

Family Court grants divorce by mutual consent under S. 13-B where parties refuse to cohabit and resolve disputes

Family Court, Ahmednagar: Netra A Kank, J., allowed a petition granting a decree of divorce by mutual consent to the petitioners. The

Case Briefs High Courts

What is the legal status in case of a Muslim man regarding payment of maintenance to ex-wife beyond iddat period if she remains un-remarried and unable to maintain herself? Kar HC analyses

Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the

Case Briefs High Courts

“Quranic injunctions command equal treatment of wives”; HC holds unequal treatment of wives is sufficient ground to grant divorce

Kerala High Court: The Division Bench of A.Muhamed Mustaque and Sophy Thomas set aside the findings of Family Court wherein it had

Case Briefs High Courts

Tri HC | Woman who is serving in a force can’t be expected to take care of the child alone, as is expected from housewife; Court dismisses petition for dissolution of marriage

Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., dismissed an appeal which was filed aggrieved by the

High Court Round Up Legal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

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

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

City Civil & Sessions Judge, Bangalore: Krishnamurthy R. Padasalgi, LV Addl. City Civil & Sessions Judge upheld the order of the trial

Case Briefs High Courts

Cruelty by Wife | Wife made serious criminal allegations against husband and his parents but couldn’t prove: Would this amount to cruelty against husband to grant divorce? Del HC answers

Delhi High Court: While addressing a matrimonial matter wherein a wife caused cruelty to husband, Division Bench of Vipin Sanghi and Jasmeet

Case Briefs High Courts

Law on Maintenance | Father having to bear expenses of other dependents can ignore from sharing equal responsibility of son’s educational expenses? Bom HC elaborates

Bombay High Court: Expressing that mother and father are equally responsible to equally share the education expenses of the child, Division bench

Case Briefs District Court

Divorce by Mutual Consent: Family Court dissolves marriage where husband and wife had difference of opinions and incompatible temperament

Family Court Pune: M.R. Kale, J., granted a decree of divorce by mutual consent to a couple who due to difference of

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 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 High Courts

Ker HC | Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states

“Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise”

Case Briefs High Courts

[Child Marriage] P&H HC | Where minor wife fails to obtain decree of nullity before attaining age of majority, the marriage becomes a valid one; HC interprets

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that in case of child marriage,

Case Briefs Supreme Court

Irretrievable breakdown of marriage: SC invokes Art. 142 to dissolve marriage which never took off from first day and parties living separately for almost 20 yrs

Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was

Case Briefs High Courts

Bom HC | No decision on divorce petition, yet wife creates matrimonial profile expressing will for second marriage. Can this be a ground for divorce?

Bombay High Court: The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ. addressed whether prior to the decision on divorce petition,