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Landmark Judgments and Articles on Law

Wife not entitled to maintenance under Section 125 CrPC for period prior to grant of divorce if decree passed on ground of desertion

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 11.01.2019 CRL.REV.P. 455/2015 Crl. M.A. 10423/2015 (interim maintenance) ARCHITA @ ANU SETH ….. Petitioner versus SUNIL SETH ….. Respondent Advocates who appeared in this case: For the Petitioner : Mr. S.K. Srivastava and…

When decree for divorce by mutual consent is liable to be set aside?

IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 198 of 2008 (Against the Order and Decree dated 16.5.2007 passed by the learned Principal Judge, Family Court, Ranchi, in M.T.S. No. 205 of 2006) Seema Pathak ….. … Appellant Versus Chotelal Pandey ……..

Custody Of Child Equally To Both Parents

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. FAMILY COURT APPEAL No. 344/2014 WITH CROSS OBJECTION NO.15/2012 Sau. Sarika W/o. Sachin Palsokar, aged 32 years, Occ. : Household, R/o. C/o. Vasantrao Pimpalkar, 102, Sai-Prasad Apartments, Revti Nagar, Besa, Nagpur. APPELLANT …..VERSUS….. Sachin…

Whether wife can initiate proceeding for permanent alimony after decree of divorce?

IN THE HIGH COURT OF ALLAHABAD First Appeal No. 402 of 2018 Decided On: 24.05.2018 Poonam Sharma Vs. Vishnu Kumar Hon’ble Judges/Coram:Pankaj Mithal and Rajiv Joshi, JJ. Citation : 2018 (130) ALR 490 1. Heard Sri Rajesh Kumar Mishra, learned counsel for the appellant-wife. The…

Whether Second Marriage performed during Pendency of appeal against divorce is legal?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 18312 of 2017 Decided On: 24.08.2018 Anurag Mittal Vs. Shaily Mishra Mittal Hon’ble Judges/Coram: S.A. Bobde and L. Nageswara Rao, JJ. Citation: 2018(5) MHLJ 714 L. Nageswara Rao, J. (i) Section 15 of the Act provides…

Whether maintenance can be denied to daughter due to agreement between her father and mother?

IN THE HIGH COURT OF KERALA AT ERNAKULAM Mat. Appeal No. 841 of 2014 Decided On: 08.10.2018 Vikraman Nair Vs. Aishwarya and Ors. Hon’ble Judges/Coram: C.K. Abdul Rehim and R. Narayana Pisharadi, JJ. 1. This appeal is filed challenging the judgment and decree passed by…

Mental Cruelty To Husband – Divorce Granted

PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE G.C. Mital AMARJIT KAUR Vs. CHAIN SINGH On 25 October 1983 JUDGEMENT The parties were married on 12.12.1979. A son was born on 7.11.1980. At the time of marriage, the wife was employed as a teacher, whereas the…

Application to set aside ex-parte divorce decree by a spouse is not rendered infructuous by remarriage of opposite spouse

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI WEDNESDAY,THE 17TH DAY OF OCTOBER 2018 / 25TH ASWINA, 1940 Mat.Appeal.No. 923 of 2018 AGAINST THE COMMON ORDER DATED 25.07.2018 IN OP 527/2016…

Remarriage not a Ground to Deny Custody to Father

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 10771 of 2018 [Arising out of SLP(C) No.21786/2018] DR. AMIT KUMAR ….APPELLANT versus DR. SONILA & ORS. ….RESPONDENTS JUDGMENT SANJAY KISHAN KAUL, J. 1. Leave granted. 2. The appellant and respondent No.1 were…

Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD  Order reserved on 04.04.2018 Order delivered on 06.04.2018 A.F.R. Case :- FIRST APPEAL No. – 227 of 2018 Appellant :- Smt. Pooja Respondent :- Vijay Chaitanya Counsel for Appellant :- Shiv Bahadur Singh, Anjani Kumar Dubey Hon’ble Pankaj Mithal,J….

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