Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce
4 months ago

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Live Law  

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. The appellant/wife had filed an appeal under Section 28 of the Hindu Marriage Act, 1955 before the high court against the judgment and decree passed by Principal Judge, Family Court whereby although the family court found cruelty against the appellant/wife but did not pass the decree of divorce instead passed a decree of judicial separation. The Family Court found cruelty against the appellant but looking to the fact that parties had led married life for almost 19 years happily, passed the decree of judicial separation. In the present case, appellant filed application under Section 13 of the Hindu Marriage Act seeking divorce on the ground of cruelty and she neither want judicial separation nor she prayed so in any of her averments made before the Family Court.

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History of this topic

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
4 days, 17 hours ago

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

Live Law  

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. If despite objection husband or wife continues …

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court
1 week, 6 days ago

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court

Live Law  

While granting divorce to a woman, the Indore Bench of Madhya Pradesh High Court has held that compelling the wife to discontinue her studies or putting her in a position not to continue her studies amounts to mental cruelty and constitutes a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. Accordingly, findings of the trial court …

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court
1 month, 1 week ago

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court

Live Mint  

The Madhya Pradesh High Court has ruled that a wife's love affair with someone else is not sufficient to prove adultery and deny her maintenance. Even if a wife is having a love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery,” held Justice …

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court
1 month, 1 week ago

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that merely because the wife is in love with someone else is not enough to prove adultery on her part to deny her maintenance. Revisionist-husband approached the High Court against the order of the Principal Judge, Family Court, Chhindwara awarding interim maintenance at Rs.4,000/- to the respondent-wife. The Court relied on Rajnesh Vs. …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'
2 months, 2 weeks ago

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'

Live Law  

The Madhya Pradesh High Court recently allowed a major couple to reside together without wedlock considering the fact that both the petitioners were above 18 years of age and thus, their choice needs to be protected. 1 is less than 21 years of age because both the petitioners are shown to be major being above 18 years of age and …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
3 months ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
3 months, 1 week ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court
Trending News
3 months, 1 week ago

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13 of the 1955 Act. With this, the Court allowed an appeal filed by the Husband challenging a family court order whereby his application filed under …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
4 months, 1 week ago

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Live Law  

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing. …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 1 week ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court
6 months, 2 weeks ago

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court

Live Law  

In a recent case, the Supreme Court expressed dismay over the mechanical approach adopted by the Family Court in granting a divorce decree against the wife despite no fault being attributed to her. Consequently, a divorce petition was filed by the husband on the ground of cruelty which was decreed by the family court against the wife, following which on …

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC
8 months, 1 week ago

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC

Live Law  

The Allahabad High Court has held that marriage cannot be presumed irretrievably broken down just because there has been a long separation period between the parties. The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held that “The decisions of the Supreme Court do not lay down a rule of thumb that the marriage may be presumed to …

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship
11 months, 2 weeks ago

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship

News 18  

In a ruling recognising the rights of women in a live-in relationship, the Madhya Pradesh High Court said a woman living with a man for a considerable period is entitled to maintenance upon separation, even if they are not legally married. According to an NDTV report, the Madhya Pradesh HC delivered the judgement while hearing a case of a petitioner …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
1 year ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
1 year, 2 months ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
1 year, 5 months ago

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court

Live Law  

The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B of the Hindu Marriage Act, 1955 in a mechanical manner. The Court noted that the Family Court had made a ‘superficial observation’ regarding the parties living separately for …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 6 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 10 months ago

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court

The Hindu  

The Supreme Court on May 1 held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, thus sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final. Taking this logic …

Supreme Court's BIG order on divorce, 6-month mandatory waiting period
1 year, 10 months ago

Supreme Court's BIG order on divorce, 6-month mandatory waiting period

India TV News  

Supreme Court's BIG order on divorce, 6-month mandatory waiting period Supreme Court order on divorce: The mandatory waiting period of 6 months for divorce through mutual consent can be dispensed with subject to conditions, the apex court bench added. Supreme Court order on divorce: In a significant order, the Supreme Court on Monday held that it can dissolve marriages on …

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC
2 years, 5 months ago

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently allowed the plea for divorce made by a husband after failure to persuade his wife to accompany him to the matrimonial home and her reluctance to join him even after passing of a decree in his favour under Section 9 of Hindu Marriage Act for restitution of conjugal rights.A bench of Justices Goutam Bhaduri and …

"Husband-Wife Expected To Live Together With Sense Of Adjustment": MP High Court Upholds RCR Decree As Wife Reconciles With Husband
2 years, 8 months ago

"Husband-Wife Expected To Live Together With Sense Of Adjustment": MP High Court Upholds RCR Decree As Wife Reconciles With Husband

Live Law  

"It needs no mention that institution of marriage is a pious institution with solemnity attached to it. It is the duty of the couple to maintain that status with utmost sense of mutual trust and faith," observed the Madhya Pradesh High Court recently. In view of the compromise between the husband and the wife, the court, at the outset, appreciated …

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC
2 years, 10 months ago

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC

ABP News  

New Delhi: The Chhattisgarh High Court recently noted that a wife persistently putting constraint on husband to get separated from his parents and threatening him to in a false dowry demand case would amount to mental cruelty, reported Bar and Bench. A two-judge bench committee composed of judges Goutam Bhaduri and NK Chandravanshi was hearing a petition filed by a …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 11 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains
3 years, 1 month ago

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains

Live Law  

The Delhi High Court has explained the scope of Judicial Separation and Divorce under the Hindu Marriage Act, 1955. "What the Family Court failed to appreciate is that, firstly, it is for the petitioner- who approaches the Family Court, to decide whether he/she wishes to obtain the relief of divorce, or of judicial separation. However, the respondent did not respond …

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs
3 years, 2 months ago

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs

Live Law  

Observing that "the marriage is totally dead" and that nothing would be gained by trying to keep the parties tied forever to a marriage that in fact has ceased to exist, the Karnataka High Court recently granted divorce to a couple who lived separately for a period of 21 years. The family court passed an ex-parte order granting divorce in …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
3 years, 2 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

"Live-In Partners Living Lustful & Adulterous Life Sans Obtaining Divorce From Their Spouses": P&H HC Dismisses Protection Plea
3 years, 5 months ago

"Live-In Partners Living Lustful & Adulterous Life Sans Obtaining Divorce From Their Spouses": P&H HC Dismisses Protection Plea

Live Law  

The Punjab & Haryana High Court recently dismissed a protection plea filed by a live-in couple observing that they both are in living a lustful and adulterous life with each other without obtaining a divorce from their respective spouses.The Bench of Justice Arvind Singh Sangwan was dealing with a plea filed by a live-in couple who submitted that they both …

Existence of A Dispute Not A Pre Requisite For Grant of Divorce By Mutual Consent: Chhattisgarh High Court
3 years, 6 months ago

Existence of A Dispute Not A Pre Requisite For Grant of Divorce By Mutual Consent: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that the existence of a serious dispute between husband and wife is not a prerequisite for the grant of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.A Division Bench of Justice Prashant Kumar Mishra and N.K. The Chhattisgarh High Court has held that the existence of a serious dispute …

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court
3 years, 6 months ago

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court

Live Law  

The Supreme Court observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13 B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India.In a recent order, Justice Abhay S. Oka, referring to Supreme Court Rules 2013, said he could not pass a decree …

Muslim women have right to invoke extra-judical divorce: Kerala HC
3 years, 11 months ago

Muslim women have right to invoke extra-judical divorce: Kerala HC

India TV News  

Overruling a nearly five-decade judgment, the Kerala High Court has restored the rights of Muslim women for divorce without resorting to judicial proceedings. Noting that the Holy Quran recognizes the right to divorce equally for both men and women, the bench observed that the dilemma of Muslim women, particularly in the State of Kerala, came to the fore when the …

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]
5 years, 5 months ago

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]

Live Law  

The Supreme Court observed that it can exercise its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where it finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce …

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]
5 years, 8 months ago

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that irretrievable breakdown of marriage alone cannot be a ground of divorce and can only be considered as a circumstance by the Court if it is merged with cruelty. Moreover the Family Court observing that the marriage was dead for all purposes since they had been living separately, ordered it to be dissolved, for …

'Personal Inconvenience' Of Couple Not A Ground To Waive Cooling Off Period For Mutual Consent Divorce: Madhya Pradesh HC [Read Order]
5 years, 11 months ago

'Personal Inconvenience' Of Couple Not A Ground To Waive Cooling Off Period For Mutual Consent Divorce: Madhya Pradesh HC [Read Order]

Live Law  

Personal inconvenience of the parties cannot be a ground to waive the period of 6 months as provided under Section 13-B of the Hindu Marriage Act, the Madhya Pradesh High Court has held. The couple, who had filed a divorce by mutual consent plea before the Family court, had sought waiver of 6 months cooling off period. The High Court …

Kerala HC judgment shows divorce debate on 'irretrievable breakdown of marriage' must be revived
6 years ago

Kerala HC judgment shows divorce debate on 'irretrievable breakdown of marriage' must be revived

Firstpost  

The Kerala High Court recently observed that that a liberal approach needs to be adopted by courts while dealing with divorce applications based on mutual consent. While the judgment pertains to mutual consent divorce petitions, the reasoning adopted by the Kerala High Court begs a very important question, that has engaged the attention of many lawyers and social scientists — …

Bombay HC Grants Divorce To Estranged Couple Whose Last Contact Was 12 Years Ago [Read Judgment]
6 years, 3 months ago

Bombay HC Grants Divorce To Estranged Couple Whose Last Contact Was 12 Years Ago [Read Judgment]

Live Law  

The Bombay High Court recently granted divorce to an estranged couple who had been living separately for over two decades, opining that the marriage between the two was nothing but fiction.A bench comprising Justice Amjad Sayed and Justice Suresh Gupte noted that the only contact between them in this period was through a few phone calls 12 years ago, and …

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution
7 years ago

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution

Live Law  

The Supreme Court has allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation. The court heard an appeal against a judgment of the High Court of Andhra Pradesh and Telangana and aided the couple in reaching an amicable settlement. The court also directed both parties not to initiate any case or petition or any complaint …

SC Helps Couple To End Prolonged Matrimonial Litigation By Allowing Divorce By Mutual Consent [Read Judgment]
7 years ago

SC Helps Couple To End Prolonged Matrimonial Litigation By Allowing Divorce By Mutual Consent [Read Judgment]

Live Law  

The Supreme Court recently allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation.A bench of Justice Kurian Joseph and Mohan M Shantanagouder was hearing an appeal against a judgment of the High Court of Andhra Pradesh and Telangana.The court had made several attempts for a peaceful and amicable settlement of the disputes, through mediators and …

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]
7 years, 10 months ago

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]

Live Law  

The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty.The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869.However, …

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]
7 years, 10 months ago

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]

Live Law  

The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty.The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869.However, …

Divorce without cooling off period
8 years, 4 months ago

Divorce without cooling off period

Deccan Chronicle  

New Delhi: The Supreme Court has granted divorce to a lawyer couple, invoking its inherent powers, and waiving off the cooling off period of minimum six months under the Hindu Marriage Act. A bench of Justices Kurian Joseph and R.K. Agrawal passed this order while dismissing a writ petition filed by the wife to declare the marriage held over seven …

Now a Hindu man can divorce his wife if she tries to distance him from parents
8 years, 5 months ago

Now a Hindu man can divorce his wife if she tries to distance him from parents

India TV News  

In a ruling that may withdraw flak from many, the Supreme Court stated that a man can at any point dissolve his marriage if his wife attempts to separate him from his parents. "In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are …

If Divorce Decree Goes Unchallenged, The Second Marriage Is Legal: Patna HC [Read Judgment]
8 years, 6 months ago

If Divorce Decree Goes Unchallenged, The Second Marriage Is Legal: Patna HC [Read Judgment]

Live Law  

The Patna High Court in Rajesh Kumar vs. Pushpa Rani, considered the sustainability of a decree for judicial separation. Whether a review petition would stand barred if it is filed after dismissal of the Special Leave Petition by the Supreme Court against an order passed in an appeal arising out of a decree granted for judicial separation, bar a petition …

If Divorce Decree Goes Unchallenged, The Second Marriage Is Legal: Patna HC [Read Judgment]
8 years, 6 months ago

If Divorce Decree Goes Unchallenged, The Second Marriage Is Legal: Patna HC [Read Judgment]

Live Law  

The Patna High Court in Rajesh Kumar vs. Pushpa Rani, considered the sustainability of a decree for judicial separation. Whether a review petition would stand barred if it is filed after dismissal of the Special Leave Petition by the Supreme Court against an order passed in an appeal arising out of a decree granted for judicial separation, bar a petition …

Courts can’t deny divorce to couple for want of reason, says HC
8 years, 7 months ago

Courts can’t deny divorce to couple for want of reason, says HC

India TV News  

Couples seeking divorce, but unwilling to reveal the reason behind their separation might find solace in this observation by the Madras High Court. Hearing an appeal against a Tirunelveli family court’s decision to deny divorce to a couple which had been living separately for more than a year, the Madras High Court observed that courts should not insist on knowing …

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]
8 years, 7 months ago

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]

Live Law  

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court has granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.The Bench comprising of Justices Kurian Joseph and RF Nariman observed: “Having regard to the background of the several litigations between …

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]
8 years, 7 months ago

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]

Live Law  

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court has granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.The Bench comprising of Justices Kurian Joseph and RF Nariman observed: “Having regard to the background of the several litigations between …

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