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Landmark Judgments and Articles on Law

Maintainbility of Section 125 CrPc after MCD

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:THE HON’BLE JUSTICE TIRTHANKAR GHOSH CRR 1256 of 2017 With IA No. CRAN/2/2017 (Old No. CRAN/3720/2017) Prasenjit Mukherjee -vs.- State of West Bengal and Ors. For the Petitioner : Mr. Pratim Priya Dasgupta, For…

Physical Presence of Parties not needed for Compromise Petition, Mutual Consent Divorce & Acceptance of Sureties

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 05TH DAY OF AUGUST, 2020 BEFORE THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ RSA NO.100338/2014 (PAR) Between: Shri. Nijalingappa Ramappa Gokavi, Since deceased by his L.Rs. 1. Smt. Gouravva W/o. Nijalingappa Gokavi, Age 56 years, Occ:…

Marriage Irretrievably Broken – Six Months cooling Period Waives Off

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-654 of 2021 (O&M) DATE OF DECISION: 19.04.2021 Smt. Sunita @ Nisha …PetitionerNo.1 and Yogesh Kumar…Petitioner No.2 CORAM : HON’BLE MR. JUSTICE ARUN MONGA Present:- Mr. Amit Choudhary, Advocate For the petitioners, who are in…

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Divorce by Mutual Consent when wife has withdrawn her Consent for Divorce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

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