Spouse indulging in vulgar conversation with opposite gender, despite objections, amounts to Mental Cruelty: MP High Court
“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”
Decree of Divorce
‘Party’s financial independence does not preclude maintenance, especially in cases where marriage subsisted for long’: SC grants Rs. 50 Lakhs alimony to wife in 21-yr-old matrimonial dispute
A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.
‘Intention is not a necessary element in cruelty’: Allahabad HC grants divorce to husband on grounds of cruelty and desertion
“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”
Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce
This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.
Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides
Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125
Husband and Wife separated for more than 1 year. Will 6 months period be waived, if divorce is sought mutually under S. 28 of Special Marriage Act? Pune Family Court decides
Family Court No. 3, Pune: M.R. Kale, J., addressed a petition for divorce by mutual consent under Section 28 of the Special
Maintenance amount being paid to son scaled-down, but period of maintenance increased: Supreme Court
Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and MR Shah, JJ., modifies the maintenance amount being to a son.
Chh HC | Judicial separation in place of divorce not to be granted mechanically in applications for divorce by mutual consent; Serious dispute not pre-requisite for seeking mutual consent
Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and N.K. Chandravanshi, JJ., reversed a decree of judicial separation passed by
Chh HC | Wife attempts suicide; throttles husband, daughter; assaults mother-in-law; consistently behaves abnormally. Is this mental cruelty, ground for husband to obtain divorce? HC elucidates
Chhattisgarh High Court: The Division Bench of Prashant Kumar Mishra and N.K. Chandravanshi, JJ., while finding error in trial court’s decision held
Chh HC | Application under Or. 9 R. 4 of CPC also attracts provisions under S. 24 of Hindu Marriage Act, 1955
Chhattisgarh High Court: Rajendra Chandra Singh Samant, J. sets aside the impugned order and allowed the petition. The facts of the case
Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed
Chhattisgarh High Court: Rajendra Chandra Singh Samant J., allowed the petition and quashed the impugned order. The facts of the case are
Madras HC | Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision
Madras High Court: T. Raja and G. Chandrasekharan, JJ., addressed a matter wherein wife approaches the wife appealed against the family court’s decision
Bom HC | Is it necessary for the wife to file an application for permanent alimony in ‘writing’ under S. 25 of Hindu Marriage Act? Court unfolds dilemma of ‘oral’ & ‘written’ application
Bombay High Court: Pushpa V. Ganediwala, J., addressed the following substantial questions of law: Whether it is necessary for the wife to
SA HC | Islamic Marriages are not recognised as valid marriages in terms of Marriage Act and therefore a decree of divorce cannot be granted
South Africa High Court, Kwazulu-Natal Division: Bezuidenhout, J. while adjourning the application sine die granted the applicant leave to amend her papers
Kar HC | Decree of divorce set aside in light of no statutory provisions followed by Family Court while granting the same
Karnataka High Court: The Division Bench of S.N. Satyanarayana and P.G.M. Patil, JJ. allowed this appeal and remanded the matter back to
Raj HC | Decree of Divorce granted in light of compromise arrived between the parties
Rajasthan High Court: The Division Bench comprising of Narendra Singh Dhaddha and Mohammad Rafiq, JJ. allowed a decree of divorce which was
Chh | Husband’s appeal for grant of decree of divorce on being subjected to ‘mental cruelty’ by wife, allowed
Chhattisgarh High Court: The Division Bench comprising of Prashant Kumar Mishra and Gautam Chourdiya, JJ. allowed an appeal to grant a decree
Cal HC | ‘Divorced wife’ who hasn’t remarried held entitled to execute order granted under S.12 of DV Act; existence of ‘domestic relationship’ dispensed with
Calcutta High Court: Madhumati Mitra, J. dismissed an application filed by the petitioner to quash the order of the Additional Sessions Judge whereby
Utt HC | No higher Court can direct a subordinate court to pass judgment or decree in favor of either of the parties
Uttaranchal High Court: Lok Pal Singh, J. dismissed a writ petition where mandamus was sought to direct the Principal Judge of Family
Matrimonial dispute alleging demand for dowry, harassment and torture must be substantiated with clear and cogent documentary evidence or witness accounts
Uttaranchal High Court: A Division bench comprising of Rajiv Sharma and Alok Singh, JJ. dismissed an appeal filed against the judgment of