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Landmark Judgments and Articles on Law

No Maintenance if refuses to live with her father but any sufficient reason

HIGH COURT OF BOMBAY Criminal Application No. 3237 of 1976 Bench: JUSTICE HIGH COURT OF BOMBAY Sharadchandra Chandrashekhar Satbhai Vs. Indubai Sharad Satbhai On 25 Aug 1977 JUDGEMENT 1. The postulant is a father of respondent No. Indubai. Indubai filed an focus underneath Section 125,…

Delhi HC : Wife’s claim of Infidelity volume to cruelty

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 9th April, 2018 MAT.APP. 62/2011 C.M. Nos. 16979/2011, 19900/2016,28099/2016 and 5315/2017 R ….. Petitioner Through: Ms. Reena Jain Malhotra,Advocate along with postulant benefaction in person versus J ….. Respondent Through: Ms. Vandana Sharma,…

Hindu Marriage Act, is not applicable to foreigners

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4629 OF 2005 SONDUR GOPAL APPELLANT VERSUS SONDUR RAJINI RESPONDENT With CIVIL APPEAL NO.487 OF 2007 RAJINI SONDUR APPELLANT VERSUS GOPAL SONDUR & ORS. RESPONDENTS JUDGMENT CHANDRAMAULI KR. PRASAD,J. Appellant-husband, aggrieved by the judgment…

Five Tests laid down by a Supreme Court to brand Cruelty.

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Whether the family court has jurisdiction to decide the validity of marriage?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. FAMILY COURT APPEAL No. 214/2014 Shri Mukund S/o Sudam Borkar, V Smt.Pradnyasheela W/o Ramesh Ghate, CORAM :SMT.VASANTI  A  NAIK AND  V.M. DESHPANDE, JJ. DATE   :  12TH JANUARY,   2017. Citation: 2017(3) ALLMR 227 The short…

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…

Divorce: Desertion,Mental cruelty

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2014 (Arising out of S.L.P. (C) No. 17 of 2010) Dr. (Mrs.) Malathi Ravi, M.D. … Appellant Versus Dr. B.V. Ravi, M.D. …Respondent J U D G M E N T Dipak…

Husband judicial separation upheld

Chattisgarh High Court First Appeal M No 39 of 2008 Smt Shilpi Jaiswal…Petitioners Versus Alok Jaiswal…Respondents Shri D N Prajapati counsel for the appellant Shri Sunil Otwani counsel for the respondent CORAM: Honble Shri Dhirendra Mishra & Honble Shri Rangnath Chandrakar J Dated: 30/03/2010 JUDGMENT…

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…

DIVORCE / RELIEFS UNDER SPECIAL MARRIAGE ACT

SECTIONS AND GROUNDS FOR MATRIMONIAL RELIEFS UNDER SPECIAL MARRIAGE ACT,1954 NATAURE OF REMEDIES NATURE OF REMEDY RELEVANT PROVISIONS UNDER THE SPECIAL MARRIAGE ACT, 1954 1. Restitution of Conjugal rights Section 22 Withdrawal from the Society of other spouse without reasonable excuse 2. Judicial  Separation Section 23…


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