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    • Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?
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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

Published on September 16, 2020September 18, 2020By Bhumika Indulia
Leave a comment5083 views
Case BriefsHigh Courts

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

Published on September 14, 2020September 18, 2020By Bhumika Indulia
1 Comment6944 views
Case BriefsHigh Courts

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.

Published on August 19, 2020August 28, 2020By Bhumika Indulia
9 Comments21187 views
Case BriefsHigh Courts

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.

Published on August 17, 2020August 28, 2020By Bhumika Indulia
Leave a comment4758 views
Case BriefsHigh Courts

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

Published on August 13, 2020August 14, 2020By Bhumika Indulia
Leave a comment6921 views
Case BriefsHigh Courts

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

Published on August 11, 2020November 30, 2020By Bhumika Indulia
Leave a comment11209 views
Case BriefsHigh Courts

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

Suchita Shukla, Editorial Assistant has put this story together

Published on July 30, 2020July 31, 2020By Editor_4
Leave a comment3637 views
Case BriefsHigh Courts

[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

Published on June 8, 2020June 12, 2020By Bhumika Indulia
Leave a comment16286 views
Case BriefsHigh Courts

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

Published on June 1, 2020June 5, 2020By Bhumika Indulia
Leave a comment3932 views
Case BriefsHigh Courts

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

Published on May 2, 2020May 8, 2020By Bhumika Indulia
Leave a comment3502 views
Case BriefsHigh Courts

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

Published on December 27, 2019January 8, 2020By Bhumika Indulia
Leave a comment6204 views
Case BriefsHigh Courts

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

Published on November 2, 2019November 8, 2019By Bhumika Indulia
Leave a comment3412 views
Case BriefsHigh Courts

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

Published on September 5, 2019September 7, 2019By Bhumika Indulia
Leave a comment3960 views
Case BriefsHigh Courts

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

Published on August 14, 2019August 16, 2019By Bhumika Indulia
Leave a comment3801 views
Case BriefsHigh Courts

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

Published on August 3, 2019August 7, 2019By Bhumika Indulia
Leave a comment4177 views
Case BriefsHigh Courts

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

Published on July 23, 2019August 1, 2019By Bhumika Indulia
Leave a comment2882 views
Case BriefsHigh Courts

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

Published on July 17, 2019July 25, 2019By Bhumika Indulia
Leave a comment3473 views
Case BriefsHigh Courts

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

Published on July 6, 2019July 8, 2019By Bhumika Indulia
Leave a comment3133 views
Case BriefsHigh Courts

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

Published on July 4, 2019August 23, 2019By Bhumika Indulia
2 Comments9634 views
Case BriefsHigh Courts

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

Published on June 10, 2019June 21, 2019By Bhumika Indulia
Leave a comment4935 views

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