Showing : 1-10 of 89 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A-- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is not applicable...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Order 8, Rule 6A, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22, 26, Family Courts Act, 1984-- Divorce petition filed in Family Court - Counter claim seeking relief under Hindu Marriage Act and Domestic Violence Act - Counter claim for such reliefs is maintainable in divorce petition filed in Family Court...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 9, 13A, 21-- Plaint - Amendment - To convert a petition for restitution of conjugal rights to a petition for divorce - Amendment sought not imperative or proper for effective adjudication of the case - Prayer for restitution of conjugal rights and divorce are two diametrically opposite prayers and allowing..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Consent of parties to continue upto passing of decree - However, situation is different when a petition u/s 9 or 13 is converted to a petition u/s 13-B after the parties executing consent terms - Held, in that event one party cannot be allowed to unilaterally withdraw..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Relations between husband and wife not cordial as wife given severe beating on several occasions and on account of beating abortion took place - Wife also lodged complaint u/ss 498-A and 406 IPC - Another lady also living with the husband as his wife - Petition..........
DELHI HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Provision of S.9 of the Act for restitution of conjugal rights has been enacted with an intention to give the parties to the matrimonial dispute an opportunity to reconcile with the bitterness that emerges in the delicate relationship of husband and wife...........
KERALA HIGH COURT
Year of decision: 2010
Details
Divorce Act, 1869, Section 10(1)(x), Hindu Marriage Act, 1955, Section 13(1)(i)(a), 9, Special Marriage Act, 1954, Section 27(1)(d), Dissolution of Muslim Marriages Act, 1939, Section 2(viii)-- Mental cruelty - Husband not allowing wife to take up employment in an MNC as wife has to travel long distances every day - No husband living in the present times can claim an anachronistic prerogative to finally rule on the career ambitions of his wife - Held, it amounts to mental cruelty -..........
KERALA HIGH COURT
Year of decision: 2010
Details
Divorce Act, 1869, Section 10(1)(x), Hindu Marriage Act, 1955, Section 13(1)(i)(a), 9, Dissolution of Muslim Marriages Act, 1939, Section 2(viii), Special Marriage Act, 1954, Section 27(1)(d)-- Petition for restitution of conjugal rights by husband - Husband not allowing wife to take up employment which amounts to mental cruelty providing ground for divorce - Wife living separately for 6 years - Petition of husband for restitution of conjugal rights dismissed - Held, any ground which is..........
GUJARAT HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 32, 33-- Failure to comply with decree of restitution of conjugal rights - Court has discretion U.O.21.R.33 CPC to direct J.D. to make periodical payment to D.H., as may be just and proper, in addition to the amount of maintenance, for satisfaction of the decree...........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 9-- Petition for restitution of conjugal rights by husband - Wife refused to stay with husband as husband made allegations that she was having extra martial relations - Held, wife had valid and reasonable excuse for withdrawing from the society of husband - Petition right dismissed...........

Showing : 1-10 of 89 Results