divorce Archives

Pat HC | Maintenance denied to wife when divorce granted on grounds of adultery, pendency of appeal to set aside such divorce decree cannot be a reason to uphold order of maintenance

Patna High Court: Ahsanuddin Amanullah, J. allowed the application of the petitioner to set aside the order granting maintenance to his wife

Case Briefs High Courts

Utt HC | Voluntarily depriving husband of wife’s company and comfort of matrimonial life amounts to cruelty; Divorce granted

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Narayan Singh Dhanik, JJ. contemplated the special appeals preferred against the judgment

Case Briefs High Courts

P&H HC | No fresh suit can be filed once the issues have been framed and the same was not disputed by the party

Punjab and Haryana High Court: Deepak Sibal, J. dismissed the present petition as the impugned order was not defective on the ground

Case Briefs High Courts

P&H HC | Mere aggressive behavior and sadness of mood of wife does not qualify as a ground for divorce

Punjab and Haryana High Court: A Division Bench of Rakesh Kumar Jain and Harnaresh Singh Gill, JJ. heard an appeal that sought

Case Briefs High Courts

Utt HC | Denial of mental illness has to be supported by evidence to rebut allegations; Divorce upheld as wife was unable to produce any substantial evidence

Uttaranchal High Court: A Division Bench of Alok Singh and Ravindra Maithani, JJ. entertained an appeal filed by the appellant-wife who challenged

Case Briefs High Courts

Pat HC | Application for quashing cognizance order passed in a dowry harassment case – dismissed on ground of gross delay of 10 years in filing the said application

Patna High Court: Ahsanuddin Amanullah, J. dismissed an application filed under Section 482 of the Code of Criminal Procedure, 1973 praying for

Case Briefs High Courts

Cal HC | Divorce on ground of non-consummation of marriage – Virginity test not necessary: not a reliable indicator of sexual intercourse

Calcutta High Court: Sahidullah Munshi, J. allowed the appeal for the subsequent dates being asked for by the husband for the potency

Case Briefs High Courts

Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. entertained an appeal by the appellant-wife under Section

Case Briefs High Courts

Del HC | Divorce granted on grounds of causing wrongful incarceration of husband coupled with irretrievable breakdown of marriage

Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ. allowed an appeal filed by the husband against the decision of

Case Briefs High Courts

MP HC | To waive off “mandatory 6 months period” for reconsidering the decision of divorce, personal inconvenience as a ground — denied

Madhya Pradesh High Court: The Bench of G.S. Ahluwalia, J., dismissed a revision filed in respect of waiving off of the mandatory

Case Briefs High Courts

Del HC | Divorce granted on ground of cruelty set aside for non-fulfilment of requirements of Rule 7 of Hindu Marriage Rules

Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ., allowed an appeal filed by the appellant-wife against the judgment of

Hot Off The Press News

SC dismisses plea challenging constitutional validity ‘triple talaq’ ordinance

Supreme Court: A bench headed by Chief Justice Ranjan Gogoi dismissed a plea of a Kerala-based outfit challenging the constitutional validity of

Foreign Legislation Legislation Updates

Personal Laws (Amendment) Act, 2019–Notified | “Leprosy” no more a ground for “Divorce”

An Act further to amend the Divorce Act, 1869, the Dissolution of Muslim Marriages Act, 1939, the Special Marriage Act, 1954, the

Op Eds OP. ED.

Decree of Divorce Granted by a Foreign Court and its Maintainability in India: A Critical Analysis

by Manoj Swarup †

Legislation Updates Statutes/Bills/Ordinances

Cabinet approves Proposal for Promulgation of the Muslim Women (Protection of Rights on Marriage), Second Ordinance, 2019

The Union Cabinet, chaired by the Prime Minister Narendra Modi, has given its approval to the following proposals: Promulgation of an Ordinance,

Case Briefs High Courts

Bom HC | “Consensual Sexual Gay Relationship” of a married man — Ground for divorce; not an offence under S. 377 IPC

Bombay High Court: The Bench of Mridula Bhatkar, J. quashed and set aside the order passed by Additional Sessions Judge, refusing to

Case Briefs High Courts

MP HC | Anticipatory bail granted where FIR under Section 498-A IPC filed after divorce suit

Madhya Pradesh High Court: The application was filed before the Bench of S.C. Sharma, J. under Section 438 of Criminal Procedure Code

Case Briefs High Courts

Del HC | Wife not entitled to maintenance under Section 125 CrPC for period prior to grant of divorce if decree passed on ground of desertion

Delhi High Court: The Bench of Sanjeev Sachdeva, J. disposed of a petition holding that the petitioner (wife) was not entitled to maintenance

Case Briefs High Courts

Del HC | FIR under Section 498-A IPC quashed in light of divorce and settlement between parties

Delhi High Court: The Bench of Sunil Gaur, J. quashed an FIR filed against the petitioners for offences punishable under Sections 498-A, 406

Case Briefs High Courts

Continuation of proceedings in FIR even after settlement between parties is abuse of process of Court

Delhi High Court: A Single Judge Bench of R.K. Gauba, J. allowed a petition for quashing of criminal proceedings pending against in light