3 October 2022


Search Results for Tag : Divorce

Judgments

When a husband abstains from or fails to attempt intercourse with his wife, inference of incapacity is stronger, and onus is on him to rebut the presumption(01.08.2018)

The Appellant is the wife and the Respondent is the husband. The challenge in this appeal is directed against the order passed by the Family Court, di.....

Tags : Marriage, Consummation, Divorce, Grant

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Marriage can be dissolved, if it breaks down irretrievably(04.10.2019)

In present case, the Appellant-husband has preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment and order passed.....

Tags : Marriage, Dissolution, Divorce, Grant

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False, baseless, scandalous, malicious and unproven allegations made in the written statement may amount to cruelty(20.11.2020)

By way of the present appeal, the Appellant-wife has impugned the judgment passed by the learned Principal Judge, Family Courts, whereby the Court, wh.....

Tags : Cruelty, Divorce, Grant

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Decree for restitution of conjugal rights enforces cohabitation but it does not and cannot enforce sexual intercourse(07.10.2016)

Parties to present appeal got married on February 17, 1993 at Kanpur (Uttar Pradesh) according to Hindu Rites and Ceremonies. Respondent/husband has f.....

Tags : Conjugal rights, Restitution, Divorce

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Conduct of a spouse levelling false accusations against other spouse is cruelty(24.04.2017)

In facts of present case, wife filed a suit praying for injunction that, husband should not be permitted to enter matrimonial home. Certain news items.....

Tags : Cruelty, Divorce, Decree

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Persistent effort of wife to compel husband to separate from family constitutes ‘cruelty’(06.10.2016)

Present appeal has been filed by Appellant husband, whose decree for divorce passed by trial Court has been set aside by High Court of Karnataka. In f.....

Tags : Divorce, Grant, Cruelty

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Few isolated incidents of long past; that too condoned due to compromising behavior of parties cannot constitute act of cruelty(08.03.2017)

Instant appeals are filed by Appellant (wife) against judgment passed by High Court of Delhi by which the High Court dismissed appeals filed by Appell.....

Tags : Divorce, Grant, Validity

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International Cases

An application to rescind can in certain limited circumstances be made to Court at first instance. It should not be made to the Court of Appeal.(16.01.2019)

Present is an appeal brought by AB, the Appellant, in relation to an order dated 14 June 2018 of His Honour Judge sitting in the High Court granting a.....

Tags : Divorce, Decree, Validity

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Onus is on the husband to establish that there are sufficient grounds to show that he is unable to discharge his legal obligations for reasons beyond his control(20.06.2022)

By way of instant criminal revision petition filed under Section 397 of Code of Criminal Procedure, 1973 (CrPC), challenge has been laid to order pass.....

Tags : Divorce, Mutual consent, Maintenance

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News

Karnataka High Court Reverses Divorce Decree on Basis of Wrong Details of Wife in Divorce Petition(11.09.2019)

Karnataka High Court has reversed a divorce decree granted ex-parte to a husband and remanded the matter back to the Family Court for fresh considerat.....

Tags : Karnataka High Court, Divorce

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Supreme Court Urges for Change in Muslim Divorce Law(28.10.2015)

Supreme Court has ordered registration of a Public Interest Litigation and urged to set up a Special Bench to consider gender discrimination suffered .....

Tags : Supreme Court, Muslim Divorce Law

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Kerala High Court: Marital Rape is Valid Grounds for Claiming Divorce(06.08.2021)

Kerala High Court has upheld that marital rape, although not penalised in India, is a good ground to claim divorce while dismissing a set of two appea.....

Tags : Kerala High Court, Marital Rape, Grounds for Divorce

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Repeated false allegations can constitute 'cruelty'(31.07.2015)

Mindful that the test for 'cruelty' in a marriage was a flexible one, the Court held that repeated false accusations by the wife against the husband, .....

Tags : cruelty, marriage, divorce

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Chhattisgarh HC: Man Marrying Woman Not Legally Divorced Cannot Plead Invalidity of S. 125 CrPC(18.02.2021)

Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is est.....

Tags : Chhattisgarh High Court, Man Marrying Woman Not Legally Divorced

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Petition should not have 'vague' and 'too general' allegations, but law does not require that every incident should be narrated with the minutest detail possible(03.05.2019)

The present appeal has been filed challenging the judgment passed by the Family Court whereby the petition under Section 13(1)(ia), (ib) of the Hindu .....

Tags : Cruelty, Divorce, Grant

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Mumbai Court Rejects Plea Seeking Injunction Against Movie ‘Gangubai Kathiawadi’(18.02.2021)

Mumbai Court has rejected a suit filed by one Babuji Shah, claiming to be the adopted son of Gangubai Kathiawadi, seeking a permanent injunction restr.....

Tags : Chhattisgarh High Court, Man Marrying Woman Not Legally Divorced

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FAMILY - Second Divorce Petition on Same Grounds Maintainable If Based on New Facts: Kerala HC(18.03.2019)

Kerala High Court has held in a case that a spouse who suffered dismissal of original petition for dissolution of marriage on ground of cruelty, deser.....

Tags : Kerala High Court, Second Divorce Petition

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Punjab and Haryana High Court: Only Aggressive Behaviour of Wife Not Ground for Divorce(17.06.2019)

Punjab and Haryana High Court noted while rejecting a matrimonial appeal filed by a husband that mere aggressive behaviour and sadness of mood of wif.....

Tags : Punjab and Haryana High Court, Divorce

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Application to Set Aside Ex Parte Divorce Decree Not Infructuous Because Spouse Remarried: Kerala HC(26.10.2018)

Kerala High Court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting a.....

Tags : Kerala High Court, Ex Parte Divorce Decrree

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Ten Years After Death of Man, Delhi HC Allows Wife’s Appeal Against Divorce(12.11.2018)

Delhi High Court has allowed a lady’s appeal against divorce decree granted by the family court a decade after death of husband.

Tags : Delhi High Court, Divorce

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Gujarat HC: Divorced Wife, Who Deserted Husband, Entitled To Maintenance(08.05.2017)

Gujarat High Court, while holding that term ‘wife’ in Section 125(4) of CrPC would not include a divorced wife, has observed that a lady, from whom hu.....

Tags : Gujarat High Court, Maintenance, Divorce

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Madras HC: Marriages Can’t be Dissolved through Settlement Deeds(14.09.2016)

Madras HC has said that married couples cannot legally dissolve their marriages by simply entering into a mutual written agreement titled ‘Divorce Set.....

Tags : Madras HC , Divorce Settlement Deed

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Bombay HC Restrains Indian-origin UK Man from Pursuing Divorce Plea in UK(31.01.2019)

Bombay High Court has observed that merely because the man was a UK national would not mean that foreign court could hear the matter as he had married.....

Tags : Bombay High Court, Divorce Plea in UK

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Post-Divorce, No Relief Under Domestic Violence Act: Bombay HC(23.04.2019)

Bombay High Court has ruled that a woman cannot seek relief under the Domestic Violence Act against her divorced husband, as after divorce there is no.....

Tags : Supreme Court, Post-Divorce, Domestic Violence Act

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Bombay High Court: Foreign Court Can’t Decide Divorce Plea of Indian Domiciled Couple(21.08.2017)

Bombay High Court has observed that a Foreign Court does not have jurisdiction to decide matrimonial matters of a couple who have Indian domicile and .....

Tags : Bombay High Court, divorce, foreign court

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SC Allows Wife’s Plea to Set Aside Divorce Granted to Husband(22.08.2022)

Supreme Court while setting aside a divorce decree granted in favor of husband on the ground of desertion, has held that marital status is important f.....

Tags : Supreme Court, Divorce, Marital Status

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Financial settlements between spouses reopened for non-disclosure of assets(14.10.2015)

The United Kingdom Supreme Court considered the effects of material non-disclosure at financial settlement between husband and wife on divorce in

Tags : Divorce, settlement, non-disclosure, financial, order

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Supreme Court: Cooling Off Period Mentioned in S. 13-B(2) of HMA is Not Mandatory(13.09.2017)

Supreme Court, while relaxing the procedure of granting divorce on ground of mutual consent, has said that period mentioned in S. 13-B(2) of Hindu Mar.....

Tags : Supreme Court, Divorce Case

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Madras HC Directs Satellite Imaging of Taluks and Earmarking of Waterbodies(19.04.2021)

Chhattisgarh High Court has observed that existence of a serious dispute between a husband and wife is not a prerequisite for grant of divorce by mutu.....

Tags : Chhattisgarh High Court, Grant of Divorce by Mutual Consent

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SC Upholds Family Court Order Asking Husband to Vacate His Own House During Pendency of Divorce Case(15.05.2017)

Supreme Court has upheld an interim order by a Family Court in Maharashtra which directed a husband to remove himself from his own home and not to vis.....

Tags : Supreme Court, Divorce Case

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Calcutta HC: Freedom Fighter's Widowed/Divorced Daughters Having No Income Entitled to His Pension(12.04.2021)

Calcutta High Court has declared Clause 5.2.5 of the Guidelines for Disbursement of Central Samman Pensions followed by Authorized Public Sector Banks.....

Tags : Calcutta High Court, Widowed/Divorced Daughters

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Jharkhand HC: Family Courts Cannot Turn Away Parties Seeking Divorce Under Customary Laws(04.05.2021)

Jharkhand High Court has held that Family Courts cannot turn away parties seeking divorce under their customary laws. The Court has held that the Fami.....

Tags : Jharkhand High Court, Divorce Under Customary Laws

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Punjab and Haryana High Court Grants Divorce to Man for 'Mental Cruelty'(17.07.2019)

Punjab and Haryana High Court has granted a divorce to a man whose wife resorted to fake messages and character assassination. The objectionable messa.....

Tags : Punjab and Haryana High Court, Divorce

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Raj. HC: Divorce Application Can’t be Thrown Out Only Because Exact Date of Marriage Not Mentioned(16.08.2022)

Rajasthan High Court has held that failure to mention exact date of marriage in an application for divorce alone cannot be reason for dismissing such .....

Tags : Rajasthan High Court, Divorce, Date of Marriage

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Madras HC: If Couple Wants Divorce, Courts Can’t Ask for Reasons(11.08.2016)

Madras HC has said that if a married couple wants divorce by mutual consent, it is not a court's business to deny them judicial separation by insistin.....

Tags : Madras HC , divorce

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Power to transfer the petition under Section 21A of the Hindu Marriage Act, 1955 can be invoked only when the subsequent petition is either for judicial separation or for divorce(06.11.2020)

In present matter, the parties got married on 19th November, 2015 at Delhi. It appears that, disputes arose between the parties and the parties starte.....

Tags : Divorce petition, Transfer, Entitlement

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Conducting press conference raising defamatory allegations against spouse amounts to mental cruelty(11.02.2015)

The Court held that the wife's actions of conducting a press conference raising defamatory allegations against her husband amounted to mental cruelty......

Tags : divorce, mental cruelty, press conference

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Supreme Court: Wife’s Treatment First, Then Divorce(03.12.2015)

Supreme Court has held that divorce cannot be granted to a couple even under mutual consent if the wife is terminally ill, observing that a Hindu wife.....

Tags : Supreme Court, Wife’s Treatment , Divorce

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SC: ‘Can’t Divorce Over Lone Cruelty Incident’(09.03.2017)

Supreme Court has held that isolated incidents of cruelty against spouse cannot be a ground to seek divorce, and marriage could be dissolved only if s.....

Tags : Supreme Court, Cruelty, Divorce

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Madras High Court: Pendency of Divorce Petition 'No Bar' to Initiate Proceeding Under DV Act(01.05.2017)

Madras High Court has held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.....

Tags : Madras High Court, Divorce Petition

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Gujarat High Court: Divorced Woman Cannot Seek Monetary Relief from Ex-Husband(03.01.2020)

Gujarat High Court has observed that a woman once divorced cannot seek monetary relief from her former husband under the Protection of Women from Dome.....

Tags : Gujarat High Court, Divorced Woman

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Bombay HC Refuses Divorce to Woman who Hid Live-in-Relationship(13.10.2016)

Bombay HC has refused to grant divorce to a Borivli woman who hid the fact that she was living with another man and also had a child from that relatio.....

Tags : Bombay HC, divorce, Live-in-Relationship

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Bombay HC Upholds Divorce on Grounds of Cruelty, Says 'False Complaint U/S 498A Amounts to Cruelty'(24.04.2017)

Bombay High Court has upheld order of a Family Court dissolving a marriage between a couple who had been married since 1987, on grounds that act of th.....

Tags : Bombay High Court, 498A, Indian Penal Code, Cruelty, Divorce

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Personal Inconvenience of Couple Not Ground to Waive Cooling off Period for Mutual Divorce: MP HC(15.04.2019)

Madhya Pradesh High Court has held personal inconvenience of parties cannot be a ground to waive period of 6 months as provided under Section 13-B (2).....

Tags : Madhya Pradesh High Court, Mutual Divorce

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Kerala HC: Temporary Reunion During Pendency of Divorce Proceedings Will Not Dissolution of Marriage(24.02.2020)

Kerala High Court has observed that the reunion of spouses for a temporary period during the pendency of the proceeding for divorce pursuant to the se.....

Tags : Kerala High Court, Temporary Reunion During Pendency of Divorce

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P&H HC Upholds Divorce Due to Mental Cruelty Caused by Wife to Husband(24.03.2022)

Punjab and Haryana High Court has upheld the decision of a Gurgaon family court granting divorce to a garment exporter on his plea accusing his wife o.....

Tags : Punjab and Haryana High Court, Divorce Due to Mental Cruelty

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Delhi HC: Expenses for Supporting Divorced Sister to be Considered While Granting Maintenance to Wife(06.06.2022)

Delhi High Court has held that a brother cannot abandon his divorced sister and therefore expenditure borne by him in supporting his sister must be ta.....

Tags : Delhi High Court, Maintenance, Divorced Sister

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MP HC: Condition of Living in Separation for One Year Can't be Waived(31.03.2022)

Madhya Pradesh High Court has held that one year period of living separately is a must for filing of an application for divorce by mutual consent unde.....

Tags : Madhya Pradesh High Court, mutual consent, divorce, Section 13B(1) of the Hindu Marriage Act

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Confirming divorce between publicly vocal couple, High Court says “sometimes it is better to be a blind wife and a deaf husband”(18.08.2015)

The High Court upheld a finding of mental cruelty by the Respondent against the Petitioner on the basis of scandalous and frivolous allegations made t.....

Tags : Divorce, alimony, fault, false allegations

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Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not Mandatory(12.09.2017)

Factual matrix giving rise to instant appeal is that marriage between the parties took place on 16th January, 1994. Two children were born in 1995 and.....

Tags : Divorce, Mutual consent, Statutory period, Waiver

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Supreme Court Refuses Plea to Frame Guidelines on Marital Rape as Ground for Divorce(02.07.2019)

Supreme Court has declined to entertain a plea seeking a direction to the Centre to frame appropriate guidelines for registration of FIR for marital r.....

Tags : Supreme Court, Marital Rape, Divorce

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Bombay HC: Well Qualified Wife Expressing Desire to Pursue Job Not Cruelty(06.10.2022)

Bombay High Court while hearing an appeal against family court's refusal to grant divorce to the husband on the ground that cruelty is not proven, has.....

Tags : Bombay High Court, Cruelty, Wife, Divorce

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SC: Divorce Decrees Granted by Church Courts are Invalid(05.07.2016)

SC has said that divorce decrees granted by Ecclesiastical Tribunals, popularly known among Christians as church courts, had no legal sanctity and any.....

Tags : SC, divorce decree, Church Courts

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Bombay HC Grants Divorce to Man on Grounds of Mental Cruelty Meted Out by Wife(31.08.2021)

Bombay High Court has granted a divorce, relying on instances of high degree of "mental cruelty" meted out by a wife to her 36-year-old husband. The C.....

Tags : Bombay High Court, Divorce to Man on Grounds of Mental Cruelty

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Supreme Court: Forcing Husband to Separate from Family is Ground for Divorce(07.10.2016)

SC while allowing husband’s plea to annul 24-year wedlock has held that forcing a husband to separate from family is an act of “cruelty” and a ground .....

Tags : SC, cruelty, divorce

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Bombay HC: Family Court Must Examine Terms of Mutual Consent Divorce(09.01.2017)

Bombay High Court has cautioned Family Courts across Maharashtra to not grant decree of divorce on mere presentation of a joint application by spouses.....

Tags : Bombay High Court, Family Court, Divorce, Mutual Consent

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SC: Talaq-E-Hasan Not so Improper Prima Facie, Women Have Option of Khula Divorce(16.08.2022)

Supreme Court has made prima facie observation that the practice of divorce through the Muslim personal law practice of Talaq-E-Hasan, as per which a .....

Tags : Supreme Court, Talaq-E-Hasan, Khula, Divorce

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Personal Inconvenience No Ground to Waive Cooling off Period for Mutual Consent Divorce: MP HC(15.04.2019)

Madhya Pradesh High Court has held that personal inconvenience of parties cannot be a ground to waive the period of 6 months, in case of mutual consen.....

Tags : Madhya Pradesh High Court, Mutual Consent Divorce

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Gujarat High Court Waives Six Month Cooling Period for Divorce(28.12.2015)

Gujarat High Court, in order to enable the wife to remarry and move abroad, has waived the mandatory six-month cooling period, which the law mandates .....

Tags : Gujarat High Court, divorce

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P&H High Court Condones Mandatory Period of 1Yr for Filing Divorce Petition(14.09.2021)

P&H HC has granted divorce decree to a couple who had stayed together only for two days after they had gotten married. The Court has allowed the appli.....

Tags : Punjab and Haryana High Court, Condonation of Filing Divorce Petition

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Punjab and Haryana HC: Divorce by Mutual Consent Cannot be Nixed(03.02.2016)

Punjab and Haryana HC has held that divorce by mutual consent passed by court could not be annulled by an assertion of any party that the decree was m.....

Tags : Punjab and Haryana HC , Divorce

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Rajasthan HC: Convenience Of Wife Is To Be Preferred Over The Convenience Of Husband(04.10.2021)

Rajasthan HC while allowing the transfer application filed by wife in a Divorce case observed that in such matters, courts are required to give more w.....

Tags : Rajasthan HC, Divorce, Proceedings, Transfer of Case

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Bombay HC: Divorcee Can’t Make Children Retain his Name(10.10.2016)

Bombay HC has said a divorcee cannot insist on his children retaining his name and surname if he has given up his custodial rights to them.

Tags : Bombay HC, Divorcee, surname, custodial rights

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SC Issues Notice to Centre on Plea Seeking Uniform Grounds of Divorce(17.12.2020)

Supreme Court has issued notices to the Centre on two public interest litigations seeking uniform grounds of divorce and payment of maintenance and al.....

Tags : Supreme Court, Uniform Grounds of Divorce

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Kerala HC Orders Removal of Name of Divorced Husband from Passport(09.09.2016)

Kerala HC has asked Regional Passport Officer, Kochi, to consider an application filed by a Muslim woman who got divorced by her husband, seeking remo.....

Tags : Kerala HC, divorce, Passport

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Delhi High Court Grants Divorce to Separated Couple After 24 Years(08.07.2019)

Delhi High Court has finally granted divorce to a man 24 years after he separated from his wife. The marriage had taken place in the year 1988 but was.....

Tags : Delhi High Court, Divorce

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Delhi HC: Denial of Sex During Pregnancy is No Ground for Divorce(07.11.2016)

Delhi High Court has said that denial of sex by a woman during her pregnancy is not cruelty towards her husband entitling him to get divorce on that g.....

Tags : Delhi High Court, pregnancy, sex, divorce

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Six-Month Cooling-Off Period in Divorce by Mutual Consent can be Waived for Christians too: Kerala HC(01.11.2018)

Kerala High Court has observed that divorce by mutual consent is a secular concept and there can be no discrimination on the ground of religion agains.....

Tags : Kerela High Court, Divorce by Mutual Concept

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Delhi HC: Wife’s Letter Talking of Divorce, Remarriage Constitutes An Act of Cruelty(22.02.2016)

Delhi HC, while granting divorce to a man living separately from his estranged wife for the past 28 years, has said that a single letter, talking of d.....

Tags : Delhi HC, Divorce, Remarriage, cruelty

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Delhi High Court: Backing Off Divorce Consent Equals to Mental Cruelty(12.12.2016)

Delhi High Court has while laying down an important ruling that withdrawal of consent by a spouse after mutually agreeing to divorce constitutes menta.....

Tags : Delhi High Court, Divorce, Mental Curelty

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Allahabad HC to Govt.: Frame Rules to Include Divorced Daughter in Family(30.11.2015)

Allahabad HC has ordered Principal Secretary (Law) to take necessary steps within 4 months so that a “divorced daughter” can be included in definition.....

Tags : Allahabad HC, divorced daughter,family

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Calcutta HC: Merely Obtaining Customary Divorce Will Not Attract Exception(26.02.2021)

Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29(2) of the Hindu Marri.....

Tags : Calcutta High Court, Obtaining Customary Divorce

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Personal Inconvenience No Ground to Waive Cooling off Period for Mutual Consent Divorce: MP HC(15.04.2019)

Madhya Pradesh High Court has held personal inconvenience of parties cannot be a ground to waive period of 6 months as provided under Section 13-B (2).....

Tags : Madhya Pradesh High Court, Mutual Divorce

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Patna HC: If Divorce Decree Goes Unchallenged, the Second Marriage is Legal(19.09.2016)

Patna HC, while considering sustainability of a decree for judicial separation, has held that if divorce decree is not challenged then appeal against .....

Tags : Patna HC, Second Marriage, Divorce Decree

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Family Court: No 'Toilet' at Home Amounts to Cruelty(21.08.2017)

A Family Court in Rajasthan’s Bhilawara District has granted a woman’s plea for divorce, ruling that absence of a toilet at home amounts to cruelty.

Tags : Family Court, Divorce, Toilet

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Madras HC Turns Down Family Court Order Granting Divorce(15.04.2016)

Madras High Court has turned down a 2011 order of a family court allowing divorce plea of a man, holding that the charge of cruelty against the wife h.....

Tags : Madras High Court, Divorce, Family Court

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Delhi HC: Denying Sex to Husband for a Long Time is a Ground for Divorce(13.10.2016)

Delhi HC has said that denying sex to husband for a long time without any justification amounts to mental cruelty and is a ground for divorce.

Tags : Delhi HC, divorce, cruelty

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FAMILY - Customary Divorce is Not a License to Remarry: SC(08.03.2019)

Supreme Court has ruled that marrying second time on the basis of a "customary divorce" from the first wife would render the second marriage void.

Tags : Supreme Court, Customary Divorce

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Mere trivial irritations, quarrels, normal wear and tear of the married life would not be adequate for grant of divorce on ground of mental cruelty(12.10.2017)

The Appellant - husband had filed a petition before the Family Court at Pune, seeking divorce from the Respondent - wife under Section 13 (1)(i-a) of .....

Tags : Divorce, Grant, Mental Cruelty

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Delhi HC: Spoilt Honeymoon Ground for Divorce(10.10.2016)

Delhi High Court has said that a spoilt honeymoon and subjecting the husband and his family to "worst kind of mental cruelty" by levelling false accus.....

Tags : Delhi High Court, Divorce, spoilt honeymoon

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Kerala HC: Spouse Refusing To Accord Divorce Despite Failure of Marriage Amounts to Cruelty(15.02.2022)

Kerala High Court has held that if one of the spouses is refusing to accord divorce on mutual consent despite being convinced of the fact that the mar.....

Tags : Kerala High Court, Refusal to Accord Divorce

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SC: Filing of Criminal Case & Acquittal Therein Cannot be Treated as Ground for Granting Divorce(04.03.2020)

Supreme Court has observed that filing of a criminal case by one of the parties to the marriage and the acquittal therein cannot be automatically trea.....

Tags : Supreme Court, Grounds for Divorce

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Mother can't Give Up Maintenance Rights of Daughter During Mutual Consent Divorce: SC(03.05.2019)

Supreme Court has observed that a mother cannot give up rights which vest in the daughter insofar as maintenance and other issues are concerned, durin.....

Tags : Supreme Court, Mutual Consent Divorce, Maintenance

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Kerala High Court Issues Guidelines for Family Court to Endorse Divorce Under Muslim Personal Law(18.11.2021)

Kerala High Court has formulated guidelines to be followed by the Family Court in a petition filed to endorse an extrajudicial divorce under Muslim Pe.....

Tags : Kerala High Court, Divorce Under Muslim Personal Law

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Delhi High Court: Court Cannot Compel Party to Give Consent For Divorce by Mutual Consent(17.05.2018)

Delhi High Court has held that the element of mutual consent was sine qua non of passing a decree of divorce u/s 13B and withdrawal of consent even at.....

Tags : Delhi High Court, Divorce

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Delhi HC: Denial of Conjugal Relationship Ground for Divorce But Not Exceptional Hardship(19.04.2022)

Delhi High Court has observed that although denial of conjugal relationship is a ground for divorce and equivalent to cruelty, the same cannot be said.....

Tags : Delhi High Court, conjugal relationship, divorce, cruelty, Section 14 of the Hindu Marriage Act 1955

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You are Parents of Your Child Forever: SC to Parting Couple(29.11.2018)

Supreme Court, while allowing a married couple to ‘part as friends’, has reminded them about the duty towards their child and also observed that the c.....

Tags : Supreme Court, Divorce, You are Parents of Your Child Forever

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Calcutta HC: Wife Entitled to Maintenance Even If She Unilaterally Divorces Her Husband(05.07.2021)

Calcutta High Court has ruled that a divorced wife is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) even if.....

Tags : Calcutta High Court, Divorced Wife

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Gauhati HC Issues Directions for Registration of Muslim Marriages Only by Licenced Registrars(27.11.2018)

Gauhati High Court has issued directions in order to ensure that only those who are duly authorised by the government under the Assam Moslem Marriages.....

Tags : Gauhati High Court, Assam Moslem Marriages and Divorces Registration Act, 1935, Registration of Muslim Marriages Only by Licenced Registrars

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Forcible Sex is Ground for Divorce: Punjab & Haryana High Court(11.06.2018)

Punjab and Haryana High Court has held that "forcible sexual intercourse" and "adoption of unnatural means" which are forced upon the other spouse are.....

Tags : Punjab & Haryana High Court, Divorce

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Delhi High Court Denies Divorce To Man Who Complained Of Wife's Visits To Her Parents(20.12.2017)

Delhi High Court, dismissing a plea of a man seeking divorce on grounds of cruelty, has said that a wife is entitled to visit her parents and it canno.....

Tags : Delhi High Court, Divorce

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Bombay HC: Remarrying Sans Divorce is Cruelty by Spouse(02.05.2017)

Bombay High Court has held that marrying again while first marriage was intact and barring wife entry to a house shared with second 'wife' amounts to .....

Tags : Bombay High Court, Divorce, Remarriage

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Supreme Court: Marriage Contracted During Pendency of Appeal from Divorce Decree Not Void(24.02.2020)

Supreme Court has observed that a marriage contracted during the pendency of an Appeal from a divorce decree is not void ab initio especially when suc.....

Tags : Supreme Court, Marriage Contracted During Pendency of Appeal from Divorce

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SC Waives 6-Month Waiting Period, Grants Divorce to Couple(16.08.2016)

SC has allowed an estranged couple’s plea for divorce by mutual consent by waiving the waiting period of six months, exercising its powers under the C.....

Tags : SC , Divorce

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Jammu and Kashmir Upholds 2012 Judgment on Divorce(28.01.2016)

Jammu and Kashmir High Court has upheld its previous verdict that a Muslim man cannot have ‘unrestricted or unqualified’ powers under Islamic law to p.....

Tags : Jammu and Kashmir High Court, divorce

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Hyderabad HC: Divorce should not be Withheld if Matrimonial Breakdown is Irreparable(03.10.2016)

Hyderabad HC has held that once the parties are separated and separation has continued for a sufficient length of time and if one of them is now seeki.....

Tags : Hyderabad HC , Divorce

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FAMILY - President Gives Assent to Law which Removes Leprosy as Ground for Divorce(22.02.2019)

President has given assent to a bill, already passed by parliament, removing leprosy as a ground for divorce under five personal laws including the Hi.....

Tags : President, Leprosy as Ground for Divorce, Hindu Marriage Act

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Bombay HC: Now File Appeal Against Family Court’s Divorce Decree Within 90 Days(08.12.2016)

Bombay High Court has held that a warring Hindu couple now has 90 days, not 30, to file an appeal against a divorce decree granted by a Family Court.

Tags : Bombay High Court, appeal, Family Court, divorce decree

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Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)

Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....

Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125

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Karnataka HC: Stridhan Cannot be Retained by Family of Husband After Divorce(15.06.2022)

Karnataka High Court has held that annulment of marriage cannot mean that all the articles including stridhan that woman carried to the matrimonial ho.....

Tags : Karnataka High Court, Stridhan, Divorce

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Delhi HC: Denying Sex to Spouse a Long time Mental Cruelty, Ground for Divorce(12.09.2016)

Delhi HC, while putting an end to a nine-year-old marriage, has reiterated that denying sex to the spouse for a long time, without sufficient reason, .....

Tags : Delhi HC, Mental Cruelty, divorce

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Kerala HC: Divorced Women Entitled to Initiate Action under DV Act, 2005(23.11.2016)

Kerala High Court has held that a divorced woman is entitled to initiate proceedings against her ex-husband or former in-laws under Protection of Wome.....

Tags : Kerala High Court, divorced woman, Domestic Violence Act

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Delhi HC Dismisses Plea Seeking Declaration of Divorce by Muslim Husband as Unconstitutional(27.09.2021)

Delhi High Court has dismissed a petition seeking declaration to declare the "assumed absolute discretion" of the Muslim husband to give divorce (tala.....

Tags : Delhi High Court, Declaration of Divorce by Muslim Husband

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Bombay HC Rejects Divorce Plea, Rules ‘False Charges Maligned Wife’s Image in Society’(03.11.2016)

Bombay High Court, while dismissing a divorce petition by a husband on grounds that his wife had illicit relationship with three men during their marr.....

Tags : Bombay High Court, divorce, False Charges

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Supreme Court: ‘Divorce Decree By Church Not Valid’, Couples Must Abide By Law to Annul Marriage(20.01.2017)

Supreme Court has ruled that divorce decrees passed by Ecclesiastical Tribunals under Canon Law will have no validity and that Christian couples must .....

Tags : Supreme Court, Ecclesiastical Tribunals, Divorce Decree

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Delhi HC: Allegation of Adultery Most "Painful”, Amounts to Cruelty(25.11.2016)

Delhi High Court while granting divorce to a man who was accused by his wife of having illicit relationship with another woman, has observed that alle.....

Tags : Delhi High Court, divorce, Cruelty , Adultery

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Delhi High Court Waives Cooling-Off Period in Divorce by Mutual Consent(13.05.2019)

Delhi High Court has waived the cooling-off period for divorce by mutual consent of a woman, from her husband, after she expressed her intention to en.....

Tags : Delhi High Court, Divorce

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FAMILY - Adopt Liberal Approach while Dealing with Divorce Pleas Based on Mutual Consent: Kerala HC(05.03.2019)

Kerala High Court has observed that a liberal approach needs to be adopted while dealing with divorce applications based on mutual consent.

Tags : Kerala High Court, Divorce Pleas Based on Mutual Consent

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Bombay HC: Man Can Seek Wife’s Test to Prove Non-Consummation of Marriage(12.09.2016)

Bombay HC has upheld an order passed by Mumbai family court in a divorce petition filed in 2011 on grounds of non-consummation, saying that family cou.....

Tags : Bombay HC, divorce, family court

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Delhi HC Grants Divorce For Denial of ‘Conjugal Bliss’(02.02.2017)

Delhi High Court has upheld a Trial Court's verdict granting divorce to a man on grounds that his wife had denied him "conjugal bliss" for about two m.....

Tags : Delhi High Court, conjugal bliss, divorce

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Madras HC: Unilateral Refusal to Consummate Marriage is Ground for Divorce(06.04.2022)

Madras High Court has reiterated that marriage can be dissolved by decree of divorce on a petition filed either by the husband or the wife on the grou.....

Tags : Madras High Court, marriage, decree of divorce, consummate, solemnization

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J&K&L HC: Pending Matrimonial Litigation in UAE Not Ground To Quash FIR Against Husband in Srinagar(27.07.2022)

Jammu & Kashmir & Ladakh High Court has held that the proceedings for divorce or restitution of conjugal rights are of civil nature whereas the purpos.....

Tags : Jammu & Kashmir & Ladakh High Court, Divorce, FIR

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FAMILY - President Gives Assent to Law Which Removes Leprosy as Ground for Divorce(22.02.2019)

President has given assent to a bill, already passed by parliament, removing leprosy as a ground for divorce under five personal laws including the Hi.....

Tags : President, Leprosy as Ground for Divorce, Hindu Marriage Act

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SC Sets Aside Karnataka HC Judgment Holding Divorced Daughter in Same Class as Unmarried Daughter(14.09.2021)

Supreme Court has set aside a Karnataka High Court judgment that held that a divorced daughter would fall in the same class of an unmarried or widowed.....

Tags : Supreme Court, Divorced Daughter

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SC: Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree(20.09.2021)

Supreme Court has observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13.....

Tags : Supreme Court, Mutual Consent Divorce Decree

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Delhi HC Issues Contempt Notice to Women Who Refuses to Honour Mutual Divorce Plea(17.01.2017)

Delhi High Court has issued a contempt notice against a woman who entered a settlement to separate with her husband but later refused to honour it.

Tags : Delhi High Court, Mutual Divorce, Contempt Notice

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