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Landmark Judgments and Articles on Law

Whether a husband can seek divorce against his wife on the ground of cruelty if he had filed a petition for restitution of conjugal rights?

IN THE HIGH COURT OF DELHI M.A.T. App. (F.C.) 65/2020 and C.M. No. 7957-58/2020 Decided On: 01.05.2020 Jitender Kumar Vs. Kamlesh Hon’ble Judges/Coram: Hima Kohli and Asha Menon, JJ. 1. This appeal has been preferred by the appellant/petitioner against the order of the learned Family…

Annulment of marriage – Non consummation of marriage

HIGH COURT OF DELHI AT NEW DELHI Matrimonial Appeal No.4 of 2013 Decided on : 15th March, 2013 SAHIL BANSAL …… Appellant Through: Mr. Alok Kumar & Neeraj Gupta, Advocates. Versus VASUDHA …… Respondent Through: Ms. Manali Singhal, Ms. Monika Singhal and Mr. Prakhar Nishant,…

Whether there can be Divorce between husband and wife by Divorce deed?

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Divorce – Desertion Proved.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.133 OF 2006 X …Appellant vs Y …Respondent. Mr N.V.Gangal for a Appellant Mr Anilkumar Patil for a Respondent. CORAM : A.S.OKA AND S.C. GUPTE, JJ. Reserved on 09/12/2013 Pronounced on…

Decree for restitution of conjugal rights enforces cohabitation but it cannot force Sexual intercourse

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 04, 2016 Judgment Delivered on: October 07, 2016 MAT.APP.(F.C.) 64/2015 SUDHA GUPTA ….. Appellant Represented by: Mr.Om Saran Gupta, Advocate versus HAR PRASAD GUPTA ….. Respondent Represented by: Respondent in person CORAM:…

When Challenging decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act infructuous

Andhra High Court F.C.A. Nos.176 OF 2008 AND 60 OF 2010 14-07-2014 Smt.K.Kavith… Appellant Shiva Shankar.. Respondent Counsel for the appellant: Dr. P.B. Vijay Kumar Counsel for the respondent:Sri A. Chandraiah Naidu Sri K. Chaitanya <GIST: HEAD NOTE: CASES REFERRED: 1. 1977 AIR 2218 2….

Whether Maintenance is based upon total earning and life style or basic necessities

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION NO. 199 of 2013 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE S.G.SHAH 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not…

Divorce : Best to end marriage that has broken down

Supreme Court of India CASE NO.: Transfer Petition (civil) 228 of 2004 PETITIONER:Sanghamitra Ghosh RESPONDENT:Kajal Kumar Ghosh DATE OF JUDGMENT: 20/11/2006 BENCH:G.P. MATHUR & DALVEER BHANDARI JUDGMENT: J U D G M E N T WITH TP (CRL.) NOS.105 & 171 OF 2004, TP (CIVIL)…

The child was happy with the father so custody was given to him.

Andhra Pradesh High Court (3 Aug, 1988) Y. Varlakshmi Vs. Y. Kanaka Durga Prasad CASE NO.A.A. O 300 and 301 of 1987 Mr. Justice S.S.M. Quadri Mr. Justice B.P. Jeevan Reddy Jeevan Reddy, J.:- (1) These two civil miscellaneous appeals can be disposed of by…

Desertion without Valid reason Ground for Divorce

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4433 of 2010 Date of Decision: August 06, 2013 Krishan….Appellant Versus Smt. Tripta….Respondent CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL HON’BLE MR. JUSTICE JASPAL SINGH Present : Mr. B.R. Gupta, Advocate,for the appellant….


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