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divorce

Case BriefsHigh Courts

Can wife claim maintenance under S. 125 CrPC where appeal is pending against divorce granted under S. 13 HMA? All HC decides

Allahabad High Court: Syed Aftab Husain Rizvi, J., addressed a revision petition filed by the husband who claimed that the Family Court

Published on January 24, 2022January 29, 2022By Bhumika Indulia
1 Comment11383 views
Case BriefsHigh Courts

HP HC | Power under Or. 18 R. 17 CPC cannot be invoked to fill up omission in the evidence already led by a witness

Himachal Pradesh High Court: Sandeep Sharma, J., allowed the petition and quashed the impugned order dated 17-07-2017.  The facts of the case

Published on January 20, 2022January 21, 2022By Editor_4
Leave a comment3226 views
Case BriefsHigh Courts

P&H HC | Are Recordings of Private Conversation between Husband and Wife permissible as evidence under S. 13 of HMA, 1955? HC decides

Punjab and Haryana High Court: Lisa Gill, J., held that to permit a spouse to record conversations with an unsuspecting partner and

Published on January 15, 2022January 14, 2022By Editor_4
Leave a comment6647 views
Case BriefsHigh Courts

Ker HC | Guardian of Property v/s Guardian of Person of the minor; HC clarifies jurisdiction of District Court

Kerala High Court: The Division Bench of A.Muhamed Mustaque and Sophy Thomas held that the District Court cannot entertain petition to appoint

Published on January 10, 2022January 14, 2022By Editor_4
Leave a comment3965 views
Case BriefsHigh Courts

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

Published on January 7, 2022January 14, 2022By Bhumika Indulia
Leave a comment3101 views
Case BriefsHigh 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,

Published on January 6, 2022January 14, 2022By Bhumika Indulia
Leave a comment4593 views
Case BriefsHigh Court Round UpHigh CourtsLegal 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

Published on December 30, 2021December 31, 2021By Bhumika Indulia
Leave a comment3731 views
Case BriefsDistrict 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

Published on December 28, 2021December 28, 2021By Bhumika Indulia
2 Comments5305 views
Case BriefsHigh 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

Published on December 22, 2021December 22, 2021By Editor_4
2 Comments4171 views
Case BriefsHigh 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

Published on December 21, 2021December 20, 2021By Editor_4
Leave a comment3265 views
Case BriefsHigh 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

Published on December 9, 2021December 10, 2021By Editor_4
Leave a comment2784 views
High Court Round UpLegal 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.

Published on November 30, 2021December 1, 2021By Bhumika Indulia
Leave a comment3743 views
Case BriefsHigh 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

Published on November 15, 2021November 19, 2021By Bhumika Indulia
Leave a comment8283 views
Case BriefsDistrict 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

Published on November 12, 2021November 12, 2021By Bhumika Indulia
1 Comment5556 views
Case BriefsHigh 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

Published on November 12, 2021By Bhumika Indulia
Leave a comment3984 views
Case BriefsHigh 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

Published on October 25, 2021November 12, 2021By Bhumika Indulia
Leave a comment5556 views
Case BriefsDistrict 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

Published on October 18, 2021October 18, 2021By Bhumika Indulia
3 Comments5056 views
Case BriefsSupreme 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.

Published on October 16, 2021October 29, 2021By Prachi Bhardwaj
Leave a comment4557 views
Case BriefsHigh Courts

MP HC | Waiting period will only prolong their agony; Court waives off cooling period in divorce proceedings

Madhya Pradesh High Court: S.A. Dharmadhikari, J., decided in the matter of the petition which was filed challenging the order passed by

Published on October 12, 2021October 15, 2021By Editor_4
Leave a comment3151 views
Case BriefsDistrict 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

Published on October 12, 2021December 28, 2021By Bhumika Indulia
1 Comment8355 views

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