Showing : 51-60 of 1736 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...........
GAUHATI HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by husband - Merely because wife is residing in her parental house since last 17 years, by itself cannot be a ground for dissolution of marriage, unless factum of desertion is proved and animus decidendi is also established - Decree of divorce set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(2)(iv)-- Marriage performed when wife was just 13 years of age - Marriage repudiated when wife was more than 15 years but less than 18 years - Provision of S.13(2)(iv) of the Act, squarely applies to her case - No evidence led by husband except denying date of birth of wife and muklawa ceremony which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Petition by wife - Husband is ready and willing for dissolution of his marriage with wife on the condition that she would not ask to pay amount towards permanent alimony or towards maintenance pendente lite - Wife on the other hand also stated that she would not claim either maintenance..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Petition by husband - Two FIRs u/ss 498-A, 406 IPC lodged against husband by wife, which was later compromised - Husband launched proceedings u/s 9 of Hindu Marriage Act, but withdrew the same - Parties are living separately since 2011 - Husband alleges that marriage took place without..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Refusal of cohabitation by wife after 16 years of marriage cannot be considered as one of ground for dissolution of marriage and a ground of cruelty, particularly when marriage was consummated earlier and due to said wedlock a girl child was born, as this is a natural..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Husband himself is the wrongdoer who made several phone calls to his aunt's daughter and sent 200 to 300 text messages during off hours, compelled his aunt's daughter much to her resistance with an intention to marry her when marriage between him and wife..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Filing of false criminal cases by wife - Act of wife in filing complaint u/s 498-A IPC and supporting her mother in complaint u/s 394 IPC are serious acts of mental cruelty, particularly when such acts are baseless and not substantiated - Divorce granted to husband...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Irretrievable breakdown of marriage - There cannot be a decree of divorce on the ground of irretrievable breakdown, as such power is vested with Supreme Court u/art 142 of Constitution - High Court has no such power...........

Showing : 51-60 of 1736 Results