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SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 32 -- Divorce - Irretrievable breakdown of marriage - Writ petition - Party cannot file a writ petition u/art 32 of Constitution and seek relief of dissolution of marriage directly from Supreme Court...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Settlement - Supreme Court in exercise of its power u/art 142 of Constitution, in view of settlement between parties, has discretion to dissolve marriage by passing a decree of divorce by mutual consent without being bound by procedural requirement to move second..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 32 -- Divorce - Irretrievable breakdown of marriage - Supreme Court in exercise of its power u/art 142 of Constitution has discretion to dissolve marriage on the ground of irretrievable breakdown, where it is satisfied that marriage between parties completely failed and there is no possibility that..........

GAUHATI HIGH COURT

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Conduct of parties is a relevant factor while deciding an application for permanent alimony and maintenance u/s 25 of the Act...........

GAUHATI HIGH COURT

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife failed to prove allegation of demand of dowry and torture by husband on her - Divorce granted on basis of matrimonial faults on the part of wife - Family Court rightly granted permanent alimony and maintenance amount of Rs.1,50,000 to wife is proper...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition filed u/s 9 of Hindu Marriage Act - Distance between place of residence of wife and place of proceedings u/s 9 of Hindu Marriage Act is about 140 kms, one side - Issuance of notice to husband has consequences of staying further proceedings before trial Court, otherwise wife..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage spells cruelty to both the parties - It is therefore a ground for dissolution of marriage u/s 13(1)(ia) of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - In a given case, where marital relationship has broken down irretrievably and there is a long separation and absence of cohabitation with multiple Court cases between parties, then continuation of such a marriage would only mean giving sanction to cruelty which each is..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is an employee in Life Insurance Corporation and is getting salary of more than Rs.1 lakhs p.m - He is directed to give Rs.30,00,000/- to wife as permanent alimony...........

DELHI HIGH COURT

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........

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