Showing : 191-200 of 1385 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27, Constitution of India, 1950, Article 142-- Divorce - Supreme Court while exercising its inherent powers under Article 142 of the Constitution can grant divorce where it finds that marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27, Constitution of India, 1950, Article 142-- Divorce - Parties living separately for more than 17 years and it will not be possible for the parties to live together - There is no purpose in compelling the parties to live together in matrimony - Divorce granted by Supreme Court by exercising power under Article 142 of the Constitution of..........
CHATTISGARH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by wife - Allegation that wife expelled from matrimonial home by husband - However, no application for restitution of conjugal rights filed by wife - Rather, she filed civil suit for recovery of dowry items and stridhan - More so, after about one year from said..........
PATNA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8-- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Acquittal of husband in a criminal case filed by wife - Case filed by wife cannot be called as a false case, as such, acquittal of husband not a ground of cruelty for husband to get divorce...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Husband not ready to take wife to matrimonial house and so wife has no other alternative than to take steps to enforce her rights by filing proceedings under Protection of Women from Domestic Violence Act and S.125 Cr.P.C - Such steps taken by wife by no..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17-- Divorce petition on ground of cruelty - Amendment sought to seek divorce on additional ground of desertion as period of two years desertion elapsed during pendency of petition - Amendment allowed - However, amendment will relate back to the date of filing of amendment application and not to the..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Mere filing of proceedings u/s 498-A IPC and S.125 Cr.P.C. by a person who seeks redressal of grievance under statutory remedy which is available to a party, does not amount to cruelty, as having recourse to a judicial remedy is a constitutional right...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Filing of false and frivolous case by wife - Husband and his family members acquitted in proceedings u/s 12 of PWDV Act - Allegations levelled by wife are therefore, false and frivolous and this itself constitutes cruelty against husband - Divorce petition allowed...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by husband - Husband and wife are Hindu by religion - Wife since 2007 not putting on `Bindi' and `Mangalsutra', which are honorous symbol of matrimonial relationship, depict affinity and closeness of wife towards her husband, which shows that she herself has..........

Showing : 191-200 of 1385 Results