Showing : 441-450 of 1914 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Waiver of six months - Both parties filed application for waiving of statutory period - Almost 4 years have lapsed from date of marriage and 2 years have lapsed from their separation - Parties agreed that both the daughters of parties shall remain with husband - Merely..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental cruelty - Parties living separately for more than 10 years - Husband even after obtaining decree of restitution of conjugal rights not taken steps to enforce the same - Insistence of husband to continue matrimonial tie even though he is fully aware that there is no possibility of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(iii)-- Divorce - Husband suffering from incurable disease - No evidence on record qua nature of ailment with which husband was suffering - Even there is no evidence to prove that husband is suffering from any incurable disease - Both husband and wife lived in the company of each other for 3 years after..........
PATNA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13(1)(ia), 12(1)(c)-- Amendment of plaint - Divorce petition - Ground of cruelty by wife - Husband through proposed amendment seeks relief for grant of decree of annulment of marriage as main relief and decree of divorce as an alternative relief - Apparently the relief for annulment of marriage and relief for decree of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13-- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh cause of action has..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - Cruelty and desertion - Petition by husband - Wife exhibited her wickedness by subjecting husband who is daily wage labourer, to repeated criminal cases and her vileness by compromising after receiving substantial sum of Rs.3 lakhs from husband - Act of wife in filing divorce petition..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24-- Transfer of divorce petition - Wife along with her minor daughter living at Hyderabad - Divorce petition filed at Jabalpur by husband - It is inconvenient for wife to undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child - Case transferred from Jabalpur to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 29(2), 3-- Customary divorce - Act protects customary divorce - However, it is obligatory on the party relying on custom to prove existence of custom, that it is ancient, certain and reasonable and is not opposed to public policy - Said party is under obligation to prove that divorce has in fact taken place..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 11, 29(2)-- Null and void marriage - Second marriage by wife during subsistence of first marriage - Wife taking plea of customary divorce - Wife failed to prove customary divorce prevailing in her community - Custom cannot be created by agreement between parties and execution of `Farkatnama' between her and..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Irretrievable breakdown of marriage - May be supplementary to any other substantive grounds mentioned u/s 13 of the Act, but the same cannot be a standalone ground...........

Showing : 441-450 of 1914 Results