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Landmark Judgments and Articles on Law

Family courts can’t Insist on Personal Presence of Parties at the Time of filing even for Mutual Consent Divorce

High court of Karnataka CJ & SVSJ: 03.06.2020 W.P.No.7338/2020 (through video conferencing) 1. With the assistance of the learned counsel who are present today and who were present on the last date, we have gone into two issues which have great deal of relevance in…

Divorce by Mutual Consent when wife has withdrawn her Consent for Divorce

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Anil Khatwani vs. Nistha Khatwani S.B.CIVIL MISC. APPEAL NO. 1250/2008 DATE OF JUDGMENT : 10th May, 2012. PRESENT HON’BLE DR.JUSTICE VINEET KOTHARI Dr.Sachin Acharya, for the appellant – husband. Mr. T.R.Singh Sodha, for the…

MEMORANDUM OF UNDERSTANDING FOR MUTUAL CONSENT DIVORCE

MEMORANDUM OF UNDERSTANDING   This Memorandum of Understanding is made at Delhi on this 11th day of September 2018. BETWEEN Mrs. xxx (hereinafter called the first party) AND Mr. xxx (hereinafter called the second party) Whereas the marriage between the first party and the second party was…

Mutual Consent Divorce can be presented through Power of Attorney?

IN THE HIGH COURT OF BOMBAY Writ Petition St. No. 1788 of 2018 Decided On: 06.04.2018 Harshada Bharat Deshmukh Vs. Bharat Appasaheb Deshmukh Hon’ble Judges/Coram: Bharati H. Dangre, J. Citation: AIR 2018 Bom 148 1. The petitioner has approached this Court for quashing and setting…

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)…

In Mutual Consent Divorce, One spouse can not unilaterally withdraw Consent for Divorce

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.61 OF 2010 Mr.Prakash Alumal Kalandari, Age: 42 years, Occupation: Business, Indian Hindu, at present residing at 1/8 Five Star, Apartments 262,Bund Garden Road,PUNE -411 001. …Appellant Versus Mrs.Jahnavi Prakash Kalandari,…

Neither Spouse can withdraw the Consent given during filing the Mutual Consent Divorce.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 3556 OF 2008. Mr Rajesh s/o Pratap Sainani Hindu, Indian Inhabitant of Mumbai, Aged 33 years, Occu.business, At present residing at 762, Shantivan, Old Lokhandwala Complex, Andheri, Mumbai 400 053. ..Petitioner. V/s….

Power to waive the statutory period of six months not with court but under Article 142

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.985 of 2016 (O&M) Date of decision:10.02.2016 Aminder Singh … Petitioner Vs. Harpreet Kaur … Respondent CORAM: HON’BLE MR. JUSTICE AMIT RAWAL 1. Whether reporters of local newspapers may be allowed to see judgment?…

Section 13(i)(ia) divorce by mutual consent no time limit

IN THE HIGH COURT OF DELHI AT NEW DELHI MAT.APP.(F.C.) 113/2016 SANGEETA ….. Appellant Through : Mr. Manoj Kr. Srivastava and Mr. Anuj Tyagi, Advocates with appellant in person. versus ARUN JOON ….. Respondent Through : Respondent in person. CORAM: HON’BLE MS. JUSTICE HIMA KOHLI HON’BLE MS….

In Mutual consent divorce can court waive six months Statutory Period?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1930 of 2017 Nitin s/o Sudhakar Zaparde Vs Nil. Coram : R.K. Deshpande, J. Dated : 7th April, 2017 Citation: 2017(3) ALLMR 374 2. This petition challenges the order dated 1­3­2017 passed by…

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