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Landmark Judgments and Articles on Law

Whether one party can withdraw Consent in Divorce by Mutual Consent if another party has Performed its Obligation?

 KERALA HIGH COURT Mat.Appeal.No.1066 OF 2017 Dated this the 5th day of February 2021 C.S.Dias,J. Is it permissible to withdraw one’s consent in a petition filed for dissolution of marriage by mutual consent, filed pursuant to a compromise, is the point that emanates for consideration…

Did a Second marriage performance during the Pendency of an appeal against Divorce decree would amount to Civil contempt?

In the High Court of Bombay (Before A.S. Kilor, J.) Kanchan Vs Prashant Manikrao Bagade Contempt Petition No. 239 of 2017 and Second Appeal No. 11 of 2016 Citation: 2020 SCC OnLine Bom 911 : (2020) 5 AIR Bom R 606 The Judgment of the Court…

Divorce to husband over wife’s Restitution of conjugal rights

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : FAO Nos.1786 & 1790 of 2018 Date of Decision : March 12, 2020 Anita Aggarwal …. Appellant (in both FAOs) vs. Ramesh Aggarwal …. Respondent (in both FAOs) CORAM : HON’BLE MRS….

Whether husband is entitled to get divorce if he fails to pay interim maintenance?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 16 OF 2003 Sanjeev Vyankatesh Ranade, Age 41 years, Occ:-Business, Residing at 17/A/6, Vijay Bunglow, Near Ashwamedh Hall, Erandwana,Karve Road, Pune- 411 004. …Appellant Versus Meghna Sanjeev Ranade, Age 39…

Girl Child Custody to Father

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 7232-7233 of 2012 (Arising out of SLP (Civil) 35468-69 of 2009) Gaytri Bajaj … Appellant Versus Jiten Bhalla … Respondent J U D G M E N T RANJAN GOGOI, J. Leave granted….

Marriage Contracted during Pendency of Appeal from A Divorce Decree Ffiled after Expiry of Limitation Period is not Void

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 321 OF 2020 (ARISING OUT OF SLP (CRL.) NO. 7903 OF 2019) Krishnaveni Rai ……Appellant versus Pankaj Rai & Anr. ……Respondents J U D G M E N T Indira Banerjee, J. Leave…

Fasle allegation/Case Cruelty, Desertion- Divorce Petition Allowed

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 2845/2018 Neha Tyagi wife of Lieutenant Colonel Deepak Tyagi, Daughter of Shri Vinod Kumar Tyagi, Resident of House No. 4, Kalyan Nagar- II, Sita Bari, Tonk Road, Jaipur (Rajasthan) —-Appellant-Non Petitioner-Wife…

No maintenance from her husband, If she earn enough

IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present:The Hon’ble Justice Biswajit Basu C.O. No. 1972 Of 2016(Assigned) Somdatta Chatterjee nee Raychaudhuri versus Anindya Chatterjee For Petitioner : Mr. Probal Kr. Mukherjee, Sr. Adv., Mr. Sukanta Chakraborty, Mr. Anindya Halder For Opposite…

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 ……..

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