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Landmark Judgments and Articles on Law

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….

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…

Divorce by Mutual Consent when wife has withdrawn her Consent for Divorce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

When decree for divorce by mutual consent is liable to be set aside?

IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 198 of 2008 (Against the Order and Decree dated 16.5.2007 passed by the learned Principal Judge, Family Court, Ranchi, in M.T.S. No. 205 of 2006) Seema Pathak ….. … Appellant Versus Chotelal Pandey ……..

Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD  Order reserved on 04.04.2018 Order delivered on 06.04.2018 A.F.R. Case :- FIRST APPEAL No. – 227 of 2018 Appellant :- Smt. Pooja Respondent :- Vijay Chaitanya Counsel for Appellant :- Shiv Bahadur Singh, Anjani Kumar Dubey Hon’ble Pankaj Mithal,J….

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….

If wife withdraws her consent can court grant divorce by mutual consent?

HIGH COURT OF ORISSA: CUTTACK. MATA NO. 8 OF 2016 Sri Pravakar Muduli Vs Smt.Satyabhama Muduli Date of Judgment :16.09.2016 PRESENT: SHRI JUSTICE VINOD PRASAD AND SHRI JUSTICE K.R. MOHAPATRA Citation: AIR 2017(NOC) 4 Orissa By the Court:- This Matrimonial Appeal has been filed questioning…

Pre-existing duty doctrine in Mutual consent of HMA

Supreme Court of India Author: K Shetty Bench: Shetty, K.J. (J) PETITIONER:SMT. SURESHTA DEVI Vs. RESPONDENT:OM PRAKASH DATE OF JUDGMENT07/02/1991 BENCH:SHETTY, K.J. (J),AGRAWAL, S.C. (J) CITATION: 1992 AIR 1904 1991 SCR (1) 274 1991 SCC (2) 25 JT 1991 (1) 321 1991 SCALE (1)156 ACT:…


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