divorce

Case BriefsHigh Courts

Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years

Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that

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Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Bombay High Court: A.S. Kilor, J., held that contravention of the provision of Section 15 of the Hindu Marriage Act, 1955 does not

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Madras HC | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months

Madras High Court:  G.K. Ilanthiraiyan, J., quashed the proceedings filed under the Domestic Violence Act in light of being barred by limitation.

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Jhar HC | Object of S. 125 CrPC is to ensure that a wife, minor children or helpless parents do not suffer in penury

Jharkhand High Court: Shree Chandrashekhar, J., addressed an issue with regard to maintenance under Section 125 of the Code of Criminal Procedure Code.

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Cal HC | Plea of absolute privilege protects a statement in civil defamation, however false and defamatory it may be, even though made with malicious motive

Calcutta High Court: Debangsu Basak, J., while addressing a matter with regard to defamation, observed that “in a civil action for defamation, the

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All HC | Can daughter-in-law be evicted without seeking decree of eviction against the son under S. 2(s) of Domestic Violence Act? HC Answers

Allahabad High Court: Vivek Kumar Birla, J., while addressing a matter with regard to “shared household”, held that, “daughter-in-law can be evicted without

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Utt HC | Wife not eligible for medical examination of whether she can conceive or not during Divorce proceedings; Court allows appeal

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[S. 125 CrPC] Bom HC | Wife cannot be denied maintenance on ground of having a source of income

Bombay High Court: N.J. Jamdar, J., while addressing a revision application with regard to maintenance under Section 125 of Code of Criminal

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Ker HC | Wife’s persistent effort to separate husband from family amounts to cruelty: Divorce granted in favour of husband

Kerala High Court: A Division Bench of A.M. Shaffique and Mary Joseph, JJ., granted a decree of divorce in favour of husband on

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Cruelty & Desertion |Del HC | A typical case that showcases as to what would amount to cruel behaviour on part of one spouse to utter detriment of other

Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ., while addressing a matrimonial application stated that, “Marriage is no

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Bom HC | No right of maintenance under S. 125 CrPC to a wife divorced on grounds of adultery

Bombay High Court: Nitin W. Sambre, J., dismissed the petitions filed by the petitioner questioning the order of denial of maintenance to her. The

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Pat HC | Award of maintenance under S. 125 CrPC to ex-wife set aside where she was able to maintain herself

Patna High Court: Ahsanuddin Amanullah, J. set aside the maintenance awarded to the respondent under Section 125 CrPC as the respondent is

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Pat HC | Maintenance denied to wife when divorce granted on grounds of adultery, pendency of appeal to set aside such divorce decree cannot be a reason to uphold order of maintenance

Patna High Court: Ahsanuddin Amanullah, J. allowed the application of the petitioner to set aside the order granting maintenance to his wife

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Utt HC | Voluntarily depriving husband of wife’s company and comfort of matrimonial life amounts to cruelty; Divorce granted 

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Narayan Singh Dhanik, JJ. contemplated the special appeals preferred against the judgment

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P&H HC | No fresh suit can be filed once the issues have been framed and the same was not disputed by the party

Punjab and Haryana High Court:  Deepak Sibal, J. dismissed the present petition as the impugned order was not defective on the ground

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P&H HC | Mere aggressive behavior and sadness of mood of wife does not qualify as a ground for divorce

Punjab and Haryana High Court:  A Division Bench of Rakesh Kumar Jain and Harnaresh Singh Gill, JJ. heard an appeal that sought

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Utt HC | Denial of mental illness has to be supported by evidence to rebut allegations; Divorce upheld as wife was unable to produce any substantial evidence

Uttaranchal High Court: A Division Bench of Alok Singh and Ravindra Maithani, JJ. entertained an appeal filed by the appellant-wife who challenged

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Pat HC | Application for quashing cognizance order passed in a dowry harassment case – dismissed on ground of gross delay of 10 years in filing the said application

Patna High Court: Ahsanuddin Amanullah, J. dismissed an application filed under Section 482 of the Code of Criminal Procedure, 1973 praying for

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Cal HC | Divorce on ground of non-consummation of marriage – Virginity test not necessary: not a reliable indicator of sexual intercourse

Calcutta High Court: Sahidullah Munshi, J. allowed the appeal for the subsequent dates being asked for by the husband for the potency

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Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. entertained an appeal by the appellant-wife under Section