Showing : 1-10 of 75 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7-- Jurisdiction of Family Court - Dissolution of marriage - Provisions contained under Hindu Marriage Act, Special Marriage Act, Christian Marriage Act and Divorce Act are not applicable to the case - It is thus, open to husband to invoke jurisdiction conferred upon Family Court u/s 7 of the Act by..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 12(1)(c)-- Annulment of marriage - Fraud - Concealment of previous two marriages of wife - Husband contended that wife not disclosed at the time of negotiation before or at the time of solemnization of marriage about her earlier marriages - Concealment of earlier marriage or divorce would provide a ground to..........
DELHI HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 26, Rule 9-- Divorce - Issuance of commission for recording evidence - Wife unable to afford fees of commissioner directed to be paid equally by parties - Plea of wife that she was awarded interim maintenance of Rs.2,500/- p.m. only and besides herself, was supporting a school going son and had no other source..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 14(1)-- Exemption to file divorce petition within 1 year of marriage - Marriage between parties not consummated as parties not lived together - Said act amounts to exceptional hardship to parties as no purpose of any nature will be served by insisting parties to wait for 1 year as required u/s 14(1) of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, 14-- Divorce by mutual consent - Leave of Court to file petition before expiry of period of one year since the date of marriage - Parties not lived together and marriage not consummated - Insisting the parties to wait for one year as required u/s 14(1) of the Act will cause exceptional hardship to the..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(iii)-- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 9(h), 10-- Anticipatory bail - Sexual assault upon minor boy by his own father - Relationship between father and mother of child ended in divorce - Child has been with his mother all through - Father was given only visitation rights by Family Court - It appears that child has been made a weapon of choice by..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by wife - Specific averments on record that husband is in habit of taking loans and he also took loan in the name of wife and made her guarantor in some of loans - Husband failed to repay his loans and as a result wife faced embarrassment - Wife has no source of income..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by wife - Non-appearance of husband before Court - Husband is a practicing Advocate and he knows all consequences but he neither appeared before High Court nor appeared before Family Court - It appears that husband is not interested in saving his marriage - Divorce..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ib), 23-- Divorce - Desertion - Petition by husband - Wife not voluntarily deserted husband - Earlier divorce petition on the ground of adultery filed by husband was dismissed and attained finality - Present petition filed after 12 years of such petition on the ground of desertion is an afterthought, as it..........

Showing : 1-10 of 75 Results