Showing : 51-60 of 76 Results

BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - No exparte decree can be passed - Only mutual consent gives the Court jurisdiction to pass a decree - Ex parte decree would destroy the very concept of divorce by mutual consent...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Three ingredients for the grant of relief under the provision are : (i) the parties had been living separately for a period of more than a year, (ii) they had not been able to live together and (iii) that they have mutually agreed to dissolve the marriage - Court not to..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Mutual consent should continue till decree of divorce is passed - Withdrawal of consent by one party would render the Court to have no jurisdiction to pass decree by mutual consent - Court would see as to whether the consent was not a result of force or fraud or undue..........
MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24-- Maintenance u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 Hindu Marriage Act - Claimed and granted under both the provisions - On an application filed for adjustment of maintenance granted under the two provisions of law Court considered the circumstances and held that as the award is made..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Hindu Marriage Act, 1955, Section 13, 23-- Panchayati Divorce - Legal implications - Once marriage took place between the parties, divorce cannot be given effect without obtaining a decree for divorce from a competent court of jurisdiction - Marriage could not be dissolved by Panchayat or by a mutual agreement between the parties before..........
KERALA HIGH COURT
Year of decision: 2007
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - If during lie over period parties have met and lived as husband-wife, they are not entitled to the decree of dissolution - Court should also satisfy that mutuality on consent persisted in both the parties - If one party has change of heart or second thought in the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Hindu Marriage Act, 1955, Section 19(1)(iiia)-- Jurisdiction - Wife can prosecute litigation under the Act at a place where she resides...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Hindu Marriage Act, 1955, Section 10, 4, Evidence Act, 1872, Section 114-- Judicial separation - Petition by wife - Wife Christian and husband Hindu - Marriage performed by a Hindu Priest in temple as per Hindu rites knowing that she was a Christian - It cannot be said that necessary condition precedent of Shudhikaran was not performed - Priest would not have married a..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Hindu Marriage Act, 1955, Section 1(2)-- Domicile in India is a condition precedent for invoking the provisions of Hindu Marriage Act - Domicile is to be determined when parties tie nuptial knot under the Hindu Marriage Act and not the date when an application is made for matrimonial relief - Even if a party establishes that after..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Hindu Marriage Act, 1955, Section 10, 19, 1(2)-- Parties married in India - Marriage registered under Hindu Marriage Act - Parties left for Sweden and acquiring Swedish citizenship - Parties then left for Australia - Did not acquire Swedish or Australian domicile - Wife filed petition for judicial separation in India - Court in India has..........

Showing : 51-60 of 76 Results