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Landmark Judgments and Articles on Law

Scope of Supreme Court’s power under Article 142 to dissolve marriage

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.1118 OF 2014 SHILPA SAILESH … PETITIONER VS. VARUN SREENIVASAN … RESPONDENT WITH TRANSFER PETITION (CRL.) NO.96 OF 2014 TRANSFER PETITION (CRL.) NO.382 OF 2014 TRANSFER PETITION (CRL.) NO.468 OF 2014 TRANSFER PETITION…

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…

Can cooling-off period U/ S 13-B(2) of Hindu Marriage Act for divorce by mutual consent be waived?

 In the High Court of Bombay (Before Nitin W. Sambre, J.) Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao Writ Petition (St) No. 93737 of 2020 Decided on October 26, 2020 Citation: 2020 SCC OnLine Bom 2054 Nitin W. Sambre, J.:— Parties to the Petition were married…

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….

SC : Can Family Court Entertain Maintenance Petition Under Muslim Women (Protection of Rights on Divorce) Act?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.192 OF 2011 RANA NAHID @ RESHMA @ SANA & ANR. …Appellants VERSUS SAHIDUL HAQ CHISTI …Respondent J U D G M E N T R. BANUMATHI, J This appeal arises out of the…

Decree for dissolution of marriage by mutual consent procedurally unsound if not based on satisfaction of grounds stated in Section 10A of the Divorce Act, 1869

High Court of Kerala Mat. Appeal. No. 338 of 2018 Decided On, 17 September 2018 Tiji Daniel vs. Roy Panamkoodan By, THE HONOURABLE MR. JUSTICE C.K. ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI For the Appellant: G. Hariharan, K.S. Smitha, T.T. Shaniba,…

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…

Whether court should grant Divorce by Mutual consent if one party remains absent at the time of second motion?

IN THE HIGH COURT OF BOMBAY Second Appeal No. 725 of 2015, Decided On: 13.06.2019 Ajit Shashikant Mhetre Vs. Leena Ajit Mhetre Hon’ble Judges/Coram: Anuja Prabhudessai, J. Citation: 2020(1) MHLJ 585 1. The appellants herein have challenged the judgment and decree dated 17.10.2014 in Regular…

Wife cannt Own or sell Suit property Jointly purchased by husband

IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON: 18.07.2016 PRONOUNCED ON: 27.07.2016 MAT.APP. (F.C.) 7/2014 YOGITA DASGUPTA ….. Appellant Through: Mr. Gaurav Mitra with Mr. Adarsh Rai, Ms. Swati Bhardwaj and Ms. Bina Madhwan, Advocates. versus KAUSTAV DASGUPTA ….. Respondent Through: Ms….

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…

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