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Landmark Judgments and Articles on Law

Direction to file affidavit of assets, income and expenditure to be filed by both the parties in matrimonial cases.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29th May, 2017 FAO 369/1996 & CM 15083/2014 KUSUM SHARMA ….. Appellant Through: None. versus MAHINDER KUMAR SHARMA ….. Respondent Through: Mr. Rahul Sharma, Ms. Jyoti Dutt Sharma, Mr. C.K. Bhatt, Advocates. Mr….

Audio recording with Transcript admissible as evidence

Delhi High Court Alika Khosla vs Thomas Mathew And Anr. on 20 December, 2001 Equivalent citations: 2002 (62) DRJ 851 Bench: V Aggarwal JUDGMENT V.S. Aggarwal, J. 1. The main question which craves for an answer is as to whether the petitioner can resist the…

Whether adultery in civil proceeding is required to be proved beyond reasonable doubt?

IN THE HIGH COURT OF KARNATAKA O.S.A. No. 11 of 1996 Decided On: 26.06.1997 M.R.G.L.J. Vailsher Vs. Smt. Ramola Vailshery and others Hon’ble Judges/Coram: R.P. Sethi, C.J. and Hari Nath Tilhari, JJ. Citation : AIR 1997 Kant 341 1. Alleging adultery coupled with cruelly, respondent-1…

Basic principles for determining permanent alimony

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Miscellaneous First Appeal No. 7237/2015 (FC) Decided On: 30.01.2017 Noel Lewis Pinto Vs. Shalet D’Souza   Hon’ble Judges/Coram:   S. Abdul Nazeer and K.S. Mudagal, JJ. Citation:AIR 2017 Karnat 36 1. This is the husband’s appeal under Section 19 of…

Divorce: Desertion, Mental Cruelty

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 29th day of September, 2015 PRESENT THE HON’BLE MR. JUSTICE N.K. PATIL AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MFA No.3500/2011 (IDA) C/W MFA 3501/2011 (IDA) BETWEEN: Mrs. MABEL TREEZA PINTO D/O DENISE…

Meaning of Cruelty – A Ground for Divorce

‘Cruelty‘ is one of the common grounds in all the personal laws on which a decree for judicial separation or divorce can be obtained. It is also a ground for separate residence and maintenance for the wife. It is a valid defense for defeating a…

Family Court Jurisdiction in FMA,SMA and HMA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Revision Application No.113 of 2004 ALONG WITH Writ Petition No.912 of 2004 Minoti Anand & anr. .. .. Petitioners v/s. Subhash Anand & ors. .. .. Respondents Ms.Chandana Salgaonkar-Radia for Petitioner No.1. Ms.Pushpa Menon…

Grounds for divorce in India

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial…

Cruelty and Desertion grounds for Divorce

Madhya Pradesh High Court Equivalent citations: AIR 2003 MP 271 Bench: S Khare Johnson M. Joseph Alias Shajoo vs Smt. Aneeta Jhonson on 28/2/2003 JUDGMENT S.P. Khare, J. 1. This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869…

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