Showing : 71-80 of 478 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 2(a)-- Aggrieved person - Wife already married to other person at the time of marriage with respondent/husband - Though earlier marriage of wife got dissolved by way of compromise, which was attested by Notary Public, but said manner is not legally acceptable - Moreover, marriage between wife and..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 20-- Maintenance - Amount of maintenance has to be fixed by striking a balance between earning capacity of husband and need of wife and children - No doubt husband is under obligation to maintain his spouse and children however, as regards quantum of maintenance, Court will have to award amount based..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 20, 26-- Interim maintenance - Divorced Muslim wife - Husband pronounced Talaq - However, factum of Talaq not proved by husband and merely because Talaqnama is tendered in Court, marriage cannot be said to have been dissolved - Even otherwise, if marriage between parties is dissolved, husband cannot..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by husband - Husband failed to produce on record any cogent and reliable evidence that wife deserted him without any valid reason - More so, Family Court in petition u/s 18 of Hindu Adoption and Maintenance Act specifically held that husband treated wife with cruelty..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 7-- Custody of minor son - Modification of final order rejecting claim of father regarding custody of son - After disposal of main petition, Family Court became functus officio - Question of modifying final order passed therein does not arise - Hence, application for modification of final order not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 25-- Permanent alimony - Pleading by wife in written statement that she be awarded permanent alimony can be treated as an application filed for permanent alimony - But since substantive mandate of law as per S.25 of the Act has not been followed by Family Court, as no discussion of income of parties..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 26, Hindu Marriage Act, 1955, Section 13(1)(a)-- Relief under the Act of 2005 - Where Family Court is dealing with petition for dissolution of marriage filed by petitioner u/s 13(1)(ia) of the Act, petitioner's application u/s 26 of Act of 2005 seeking reliefs u/ss 18, 19, 20, 21, 22 of the Act of 2005 is maintainable before Family Court...........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 26-- Jurisdiction of Court - Civil Court, Family Court and Criminal Court have jurisdiction to entertain and try an application u/s 26 of the Act, in pending proceedings affecting parties and Court can formulate its own procedure to conduct proceedings...........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 26-- Application under the Act - Family Court is empowered to formulate its own procedure for disposal of petitioner's application under the Act - It is not mandatory for Family Court to follow Cr.P.C...........

Showing : 71-80 of 478 Results