Search Results for Tag : Divorce
International Cases
An application to rescind can in certain limited circumstances be made to Court at first instance. It should not be made to the Court of Appeal.(16.01.2019)
Present is an appeal brought by AB, the Appellant, in relation to an order dated 14 June 2018 of His Honour Judge sitting in the High Court granting a.....
Tags : Divorce, Decree, Validity
Financial settlements between spouses reopened for non-disclosure of assets(14.10.2015)
The United Kingdom Supreme Court considered the effects of material non-disclosure at financial settlement between husband and wife on divorce in Tags : Divorce, settlement, non-disclosure, financial, order
Judgments
Decree for restitution of conjugal rights enforces cohabitation but it does not and cannot enforce sexual intercourse(07.10.2016)
Parties to present appeal got married on February 17, 1993 at Kanpur (Uttar Pradesh) according to Hindu Rites and Ceremonies. Respondent/husband has f.....
Tags : Conjugal rights, Restitution, Divorce
Persistent effort of wife to compel husband to separate from family constitutes ‘cruelty’(06.10.2016)
Present appeal has been filed by Appellant husband, whose decree for divorce passed by trial Court has been set aside by High Court of Karnataka. In f.....
Tags : Divorce, Grant, Cruelty
Few isolated incidents of long past; that too condoned due to compromising behavior of parties cannot constitute act of cruelty(08.03.2017)
Instant appeals are filed by Appellant (wife) against judgment passed by High Court of Delhi by which the High Court dismissed appeals filed by Appell.....
Tags : Divorce, Grant, Validity
Conduct of a spouse levelling false accusations against other spouse is cruelty(24.04.2017)
In facts of present case, wife filed a suit praying for injunction that, husband should not be permitted to enter matrimonial home. Certain news items.....
Tags : Cruelty, Divorce, Decree
Confirming divorce between publicly vocal couple, High Court says “sometimes it is better to be a blind wife and a deaf husband”(18.08.2015)
The High Court upheld a finding of mental cruelty by the Respondent against the Petitioner on the basis of scandalous and frivolous allegations made t.....
Tags : Divorce, alimony, fault, false allegations
When a husband abstains from or fails to attempt intercourse with his wife, inference of incapacity is stronger, and onus is on him to rebut the presumption(01.08.2018)
The Appellant is the wife and the Respondent is the husband. The challenge in this appeal is directed against the order passed by the Family Court, di.....
Tags : Marriage, Consummation, Divorce, Grant
Repeated false allegations can constitute 'cruelty'(31.07.2015)
Mindful that the test for 'cruelty' in a marriage was a flexible one, the Court held that repeated false accusations by the wife against the husband, .....
Tags : cruelty, marriage, divorce
Marriage can be dissolved, if it breaks down irretrievably(04.10.2019)
In present case, the Appellant-husband has preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment and order passed.....
Tags : Marriage, Dissolution, Divorce, Grant
Power to transfer the petition under Section 21A of the Hindu Marriage Act, 1955 can be invoked only when the subsequent petition is either for judicial separation or for divorce(06.11.2020)
In present matter, the parties got married on 19th November, 2015 at Delhi. It appears that, disputes arose between the parties and the parties starte.....
Tags : Divorce petition, Transfer, Entitlement
False, baseless, scandalous, malicious and unproven allegations made in the written statement may amount to cruelty(20.11.2020)
By way of the present appeal, the Appellant-wife has impugned the judgment passed by the learned Principal Judge, Family Courts, whereby the Court, wh.....
Tags : Cruelty, Divorce, Grant
Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not Mandatory(12.09.2017)
Factual matrix giving rise to instant appeal is that marriage between the parties took place on 16th January, 1994. Two children were born in 1995 and.....
Tags : Divorce, Mutual consent, Statutory period, Waiver
Onus is on the husband to establish that there are sufficient grounds to show that he is unable to discharge his legal obligations for reasons beyond his control(20.06.2022)
By way of instant criminal revision petition filed under Section 397 of Code of Criminal Procedure, 1973 (CrPC), challenge has been laid to order pass.....
Tags : Divorce, Mutual consent, Maintenance
Court has jurisdiction under Article 142(1) of the Constitution of India to dissolve a marriage on basis of irretrievable breakdown(06.05.2024)
The instant appeal assails the correctness of an order passed by the High Court dismissing the appeal; and accordingly upheld the correctness of an or.....
Tags : Irretrievable breakdown, Divorce, Grant
Mere trivial irritations, quarrels, normal wear and tear of the married life would not be adequate for grant of divorce on ground of mental cruelty(12.10.2017)
The Appellant - husband had filed a petition before the Family Court at Pune, seeking divorce from the Respondent - wife under Section 13 (1)(i-a) of .....
Tags : Divorce, Grant, Mental Cruelty
Condition that a wife is not entitled to maintenance if she is living in adultery will apply, when the matrimonial relations subsist and not after the divorce(22.07.2024)
A divorce petition filed by the Petitioner-husband was allowed on the grounds of desertion, cruelty and adultery and a decree of divorce was granted o.....
Tags : Maintenance, Adultery, Divorce
Conducting press conference raising defamatory allegations against spouse amounts to mental cruelty(11.02.2015)
The Court held that the wife's actions of conducting a press conference raising defamatory allegations against her husband amounted to mental cruelty......
Tags : divorce, mental cruelty, press conference
Petition should not have 'vague' and 'too general' allegations, but law does not require that every incident should be narrated with the minutest detail possible(03.05.2019)
The present appeal has been filed challenging the judgment passed by the Family Court whereby the petition under Section 13(1)(ia), (ib) of the Hindu .....
Tags : Cruelty, Divorce, Grant
News
Supreme Court: Forcing Husband to Separate from Family is Ground for Divorce(07.10.2016)
SC while allowing husband’s plea to annul 24-year wedlock has held that forcing a husband to separate from family is an act of “cruelty” and a ground .....
Tags : SC, cruelty, divorce
Delhi HC: Spoilt Honeymoon Ground for Divorce(10.10.2016)
Delhi High Court has said that a spoilt honeymoon and subjecting the husband and his family to "worst kind of mental cruelty" by levelling false accus.....
Tags : Delhi High Court, Divorce, spoilt honeymoon
Bombay HC: Divorcee Can’t Make Children Retain his Name(10.10.2016)
Bombay HC has said a divorcee cannot insist on his children retaining his name and surname if he has given up his custodial rights to them.
Tags : Bombay HC, Divorcee, surname, custodial rights
Delhi HC: Denying Sex to Husband for a Long Time is a Ground for Divorce(13.10.2016)
Delhi HC has said that denying sex to husband for a long time without any justification amounts to mental cruelty and is a ground for divorce.
Tags : Delhi HC, divorce, cruelty
Bombay HC Refuses Divorce to Woman who Hid Live-in-Relationship(13.10.2016)
Bombay HC has refused to grant divorce to a Borivli woman who hid the fact that she was living with another man and also had a child from that relatio.....
Tags : Bombay HC, divorce, Live-in-Relationship
Bombay High Court: Foreign Court Can’t Decide Divorce Plea of Indian Domiciled Couple(21.08.2017)
Bombay High Court has observed that a Foreign Court does not have jurisdiction to decide matrimonial matters of a couple who have Indian domicile and .....
Tags : Bombay High Court, divorce, foreign court
Family Court: No 'Toilet' at Home Amounts to Cruelty(21.08.2017)
A Family Court in Rajasthan’s Bhilawara District has granted a woman’s plea for divorce, ruling that absence of a toilet at home amounts to cruelty.
Tags : Family Court, Divorce, Toilet
Punjab and Haryana High Court Grants Divorce to Man for 'Mental Cruelty'(17.07.2019)
Punjab and Haryana High Court has granted a divorce to a man whose wife resorted to fake messages and character assassination. The objectionable messa.....
Tags : Punjab and Haryana High Court, Divorce
SC: Divorce Decrees Granted by Church Courts are Invalid(05.07.2016)
SC has said that divorce decrees granted by Ecclesiastical Tribunals, popularly known among Christians as church courts, had no legal sanctity and any.....
Tags : SC, divorce decree, Church Courts
Madras High Court: Pendency of Divorce Petition 'No Bar' to Initiate Proceeding Under DV Act(01.05.2017)
Madras High Court has held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.....
Tags : Madras High Court, Divorce Petition
Bombay HC: Remarrying Sans Divorce is Cruelty by Spouse(02.05.2017)
Bombay High Court has held that marrying again while first marriage was intact and barring wife entry to a house shared with second 'wife' amounts to .....
Tags : Bombay High Court, Divorce, Remarriage
Personal Inconvenience of Couple Not Ground to Waive Cooling off Period for Mutual Divorce: MP HC(15.04.2019)
Madhya Pradesh High Court has held personal inconvenience of parties cannot be a ground to waive period of 6 months as provided under Section 13-B (2).....
Tags : Madhya Pradesh High Court, Mutual Divorce
Personal Inconvenience No Ground to Waive Cooling off Period for Mutual Consent Divorce: MP HC(15.04.2019)
Madhya Pradesh High Court has held personal inconvenience of parties cannot be a ground to waive period of 6 months as provided under Section 13-B (2).....
Tags : Madhya Pradesh High Court, Mutual Divorce
Personal Inconvenience No Ground to Waive Cooling off Period for Mutual Consent Divorce: MP HC(15.04.2019)
Madhya Pradesh High Court has held that personal inconvenience of parties cannot be a ground to waive the period of 6 months, in case of mutual consen.....
Tags : Madhya Pradesh High Court, Mutual Consent Divorce
Calcutta HC: Freedom Fighter's Widowed/Divorced Daughters Having No Income Entitled to His Pension(12.04.2021)
Calcutta High Court has declared Clause 5.2.5 of the Guidelines for Disbursement of Central Samman Pensions followed by Authorized Public Sector Banks.....
Tags : Calcutta High Court, Widowed/Divorced Daughters
Madras HC Turns Down Family Court Order Granting Divorce(15.04.2016)
Madras High Court has turned down a 2011 order of a family court allowing divorce plea of a man, holding that the charge of cruelty against the wife h.....
Tags : Madras High Court, Divorce, Family Court
SC: ‘Can’t Divorce Over Lone Cruelty Incident’(09.03.2017)
Supreme Court has held that isolated incidents of cruelty against spouse cannot be a ground to seek divorce, and marriage could be dissolved only if s.....
Tags : Supreme Court, Cruelty, Divorce
FAMILY - Customary Divorce is Not a License to Remarry: SC(08.03.2019)
Supreme Court has ruled that marrying second time on the basis of a "customary divorce" from the first wife would render the second marriage void.
Tags : Supreme Court, Customary Divorce
Chhattisgarh HC: Man Marrying Woman Not Legally Divorced Cannot Plead Invalidity of S. 125 CrPC(18.02.2021)
Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is est.....
Tags : Chhattisgarh High Court, Man Marrying Woman Not Legally Divorced
Mumbai Court Rejects Plea Seeking Injunction Against Movie ‘Gangubai Kathiawadi’(18.02.2021)
Mumbai Court has rejected a suit filed by one Babuji Shah, claiming to be the adopted son of Gangubai Kathiawadi, seeking a permanent injunction restr.....
Tags : Chhattisgarh High Court, Man Marrying Woman Not Legally Divorced
Kerala High Court Issues Guidelines for Family Court to Endorse Divorce Under Muslim Personal Law(18.11.2021)
Kerala High Court has formulated guidelines to be followed by the Family Court in a petition filed to endorse an extrajudicial divorce under Muslim Pe.....
Tags : Kerala High Court, Divorce Under Muslim Personal Law
Allahabad HC to Govt.: Frame Rules to Include Divorced Daughter in Family(30.11.2015)
Allahabad HC has ordered Principal Secretary (Law) to take necessary steps within 4 months so that a “divorced daughter” can be included in definition.....
Tags : Allahabad HC, divorced daughter,family
Supreme Court: Wife’s Treatment First, Then Divorce(03.12.2015)
Supreme Court has held that divorce cannot be granted to a couple even under mutual consent if the wife is terminally ill, observing that a Hindu wife.....
Tags : Supreme Court, Wife’s Treatment , Divorce
Kerala HC: Divorced Women Entitled to Initiate Action under DV Act, 2005(23.11.2016)
Kerala High Court has held that a divorced woman is entitled to initiate proceedings against her ex-husband or former in-laws under Protection of Wome.....
Tags : Kerala High Court, divorced woman, Domestic Violence Act
Application to Set Aside Ex Parte Divorce Decree Not Infructuous Because Spouse Remarried: Kerala HC(26.10.2018)
Kerala High Court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting a.....
Tags : Kerala High Court, Ex Parte Divorce Decrree
Karnataka HC: Stridhan Cannot be Retained by Family of Husband After Divorce(15.06.2022)
Karnataka High Court has held that annulment of marriage cannot mean that all the articles including stridhan that woman carried to the matrimonial ho.....
Tags : Karnataka High Court, Stridhan, Divorce
Kar. HC: Family Courts Must Decide Divorce Cases Within One Year(27.07.2023)
Karnataka High Court while observing that matrimonial causes should be tried & disposed off on a war footing, at least as a concession to the shortnes.....
Tags : Karnataka High Court, Family Courts, Divorce Cases
Gauhati HC Issues Directions for Registration of Muslim Marriages Only by Licenced Registrars(27.11.2018)
Gauhati High Court has issued directions in order to ensure that only those who are duly authorised by the government under the Assam Moslem Marriages.....
Tags : Gauhati High Court, Assam Moslem Marriages and Divorces Registration Act, 1935, Registration of Muslim Marriages Only by Licenced Registrars
You are Parents of Your Child Forever: SC to Parting Couple(29.11.2018)
Supreme Court, while allowing a married couple to ‘part as friends’, has reminded them about the duty towards their child and also observed that the c.....
Tags : Supreme Court, Divorce, You are Parents of Your Child Forever
P&H High Court Condones Mandatory Period of 1Yr for Filing Divorce Petition(14.09.2021)
P&H HC has granted divorce decree to a couple who had stayed together only for two days after they had gotten married. The Court has allowed the appli.....
Tags : Punjab and Haryana High Court, Condonation of Filing Divorce Petition
SC Sets Aside Karnataka HC Judgment Holding Divorced Daughter in Same Class as Unmarried Daughter(14.09.2021)
Supreme Court has set aside a Karnataka High Court judgment that held that a divorced daughter would fall in the same class of an unmarried or widowed.....
Tags : Supreme Court, Divorced Daughter
Guj HC: Divorcee Wife can File S.498A Complaint for Actions Meted Out During Subsistence of Marriage(21.08.2023)
Gujarat High Court has held that allegations of the offence u/s 498A of the IPC can be maintained at the instance of the divorcee wife, provided that .....
Tags : Gujarat High Court, Divorcee Wife, S.498A IPC
Del. HC: Being Subjected to Constant Threat of Being Summoned by Police Amounts to Cruelty(24.08.2023)
Delhi High Court while granting divorce to a man on ground of cruelty by wife, has observed that it is a source of mental harassment each time a perso.....
Tags : Delhi High Court, Police, Cruelty, Divorce
Bombay HC Grants Divorce to Man on Grounds of Mental Cruelty Meted Out by Wife(31.08.2021)
Bombay High Court has granted a divorce, relying on instances of high degree of "mental cruelty" meted out by a wife to her 36-year-old husband. The C.....
Tags : Bombay High Court, Divorce to Man on Grounds of Mental Cruelty
SC Allows Wife’s Plea to Set Aside Divorce Granted to Husband(22.08.2022)
Supreme Court while setting aside a divorce decree granted in favor of husband on the ground of desertion, has held that marital status is important f.....
Tags : Supreme Court, Divorce, Marital Status
Del. HC: If Cruelty by Wife is Proven, Husband Living With Other Woman Not Ground to Refuse Divorce(15.09.2023)
Delhi High Court has held that even if the husband started living with another woman during the pendency of divorce petition, it cannot disentitle the.....
Tags : Delhi High Court, Divorce, Cruelty
Del. HC: Divorced Daughter Not a Dependent u/s 21 of HAMA(15.09.2023)
Delhi High Court has held that an unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a “divorced daughter”.....
Tags : Delhi High Court, Divorced Daughter, Dependent, HAMA
Del. HC: Family Court Can’t Grant Divorce on Ground of 'Irretrievable Breakdown of Marriage’(20.09.2023)
Delhi High Court has held that Family Courts have to restrict their considerations to the parameters of the provision of grant of divorce strictly in .....
Tags : Delhi High Court, Divorce, Family Court, 'Irretrievable Breakdown of Marriage
Jammu and Kashmir Upholds 2012 Judgment on Divorce(28.01.2016)
Jammu and Kashmir High Court has upheld its previous verdict that a Muslim man cannot have ‘unrestricted or unqualified’ powers under Islamic law to p.....
Tags : Jammu and Kashmir High Court, divorce
Punjab and Haryana HC: Divorce by Mutual Consent Cannot be Nixed(03.02.2016)
Punjab and Haryana HC has held that divorce by mutual consent passed by court could not be annulled by an assertion of any party that the decree was m.....
Tags : Punjab and Haryana HC , Divorce
Bombay HC: Family Court Must Examine Terms of Mutual Consent Divorce(09.01.2017)
Bombay High Court has cautioned Family Courts across Maharashtra to not grant decree of divorce on mere presentation of a joint application by spouses.....
Tags : Bombay High Court, Family Court, Divorce, Mutual Consent
Six-Month Cooling-Off Period in Divorce by Mutual Consent can be Waived for Christians too: Kerala HC(01.11.2018)
Kerala High Court has observed that divorce by mutual consent is a secular concept and there can be no discrimination on the ground of religion agains.....
Tags : Kerela High Court, Divorce by Mutual Concept
Ten Years After Death of Man, Delhi HC Allows Wife’s Appeal Against Divorce(12.11.2018)
Delhi High Court has allowed a lady’s appeal against divorce decree granted by the family court a decade after death of husband.
Tags : Delhi High Court, Divorce
Kerala High Court: Marital Rape is Valid Grounds for Claiming Divorce(06.08.2021)
Kerala High Court has upheld that marital rape, although not penalised in India, is a good ground to claim divorce while dismissing a set of two appea.....
Tags : Kerala High Court, Marital Rape, Grounds for Divorce
FAMILY - Second Divorce Petition on Same Grounds Maintainable If Based on New Facts: Kerala HC(18.03.2019)
Kerala High Court has held in a case that a spouse who suffered dismissal of original petition for dissolution of marriage on ground of cruelty, deser.....
Tags : Kerala High Court, Second Divorce Petition
All HC Waives Cooling Off Period for Divorce After Couples Enter into MoU Amicably(31.08.2023)
Allahabad High Court while waiving off cooling-off period for dissolution of marriage under Section 13B of Hindu Marriage Act, observed that after ent.....
Tags : Allahabad High Court, Divorce, Cooling Off Period, MoU
Delhi HC: Parties Suffer as ‘Fault Theory’ is the Only Way to Exit a Relationship(06.09.2023)
Delhi High Court while observing that often marriages do not work because of incompatibility and temperamental differences, has held that since ‘fault.....
Tags : Delhi High Court, Fault Theory, Divorce
SC: What is Cruelty for a Woman in a Given Case May Not be Cruelty for a Man(08.09.2023)
Supreme Court has observed that what is cruelty for a woman in a given case may not be cruelty for a man, and a relatively more elastic and broad appr.....
Tags : Supreme Court, Cruelty, Divorce
SC: Talaq-E-Hasan Not so Improper Prima Facie, Women Have Option of Khula Divorce(16.08.2022)
Supreme Court has made prima facie observation that the practice of divorce through the Muslim personal law practice of Talaq-E-Hasan, as per which a .....
Tags : Supreme Court, Talaq-E-Hasan, Khula, Divorce
Raj. HC: Divorce Application Can’t be Thrown Out Only Because Exact Date of Marriage Not Mentioned(16.08.2022)
Rajasthan High Court has held that failure to mention exact date of marriage in an application for divorce alone cannot be reason for dismissing such .....
Tags : Rajasthan High Court, Divorce, Date of Marriage
All. HC: Court Can’t Mechanically Reject Application for Waiving Off Cooling Period u/s 13B of HMA(22.09.2023)
Allahabad High Court has held that Family Court can’t reject the application for waiving off the cooling period for divorce prescribed under Section 1.....
Tags : Allahabad High Court, Cooling Period, Divorce
Ker. HC: Not Granting Divorce Despite Mutual Consent Amounts to Cruelty(25.09.2023)
Kerala High Court while relying on the Apex Court’s decision in Samar Ghosh v. Jaya Ghosh (MANU/SC/1386/2007), observed that denial or withholding of .....
Tags : Kerala High Court, Divorce, Mutual Consent, Failed Marriage, Cruelty
Bom. HC: Epilepsy Not a Ground to Seek Divorce(27.09.2023)
Bombay High Court has held that the condition of “epilepsy” is neither an incurable disease nor can it be considered a mental disorder or a psychopath.....
Tags : Bombay High Court, Epilepsy, Divorce, Hindu Marriage Act
SC Issues Notice to Centre on Plea Seeking Uniform Grounds of Divorce(17.12.2020)
Supreme Court has issued notices to the Centre on two public interest litigations seeking uniform grounds of divorce and payment of maintenance and al.....
Tags : Supreme Court, Uniform Grounds of Divorce
Delhi HC Grants Divorce For Denial of ‘Conjugal Bliss’(02.02.2017)
Delhi High Court has upheld a Trial Court's verdict granting divorce to a man on grounds that his wife had denied him "conjugal bliss" for about two m.....
Tags : Delhi High Court, conjugal bliss, divorce
Rajasthan HC: Convenience Of Wife Is To Be Preferred Over The Convenience Of Husband(04.10.2021)
Rajasthan HC while allowing the transfer application filed by wife in a Divorce case observed that in such matters, courts are required to give more w.....
Tags : Rajasthan HC, Divorce, Proceedings, Transfer of Case
J&K&L HC: Pending Matrimonial Litigation in UAE Not Ground To Quash FIR Against Husband in Srinagar(27.07.2022)
Jammu & Kashmir & Ladakh High Court has held that the proceedings for divorce or restitution of conjugal rights are of civil nature whereas the purpos.....
Tags : Jammu & Kashmir & Ladakh High Court, Divorce, FIR
SC: Hindu Marriage Can Be Dissolved Through Customary Divorce(05.10.2023)
Supreme Court has held that a Hindu marriage can be dissolved by way of a customary divorce deed, subject to the condition that the party relying on a.....
Tags : Supreme Court, Hindu Marriage, Customary Divorce
SC: Not Desirable to Accept Strait-Jacket Formula of “irretrievable breakdown” in Divorce Cases(12.10.2023)
Supreme Court has held that despite increasing trend of filing divorce proceedings in the courts of law, it would not be desirable to accept the formu.....
Tags : Supreme Court, Divorce, Irretrievable Break Down of Marriage
Delhi HC: Wife’s Letter Talking of Divorce, Remarriage Constitutes An Act of Cruelty(22.02.2016)
Delhi HC, while granting divorce to a man living separately from his estranged wife for the past 28 years, has said that a single letter, talking of d.....
Tags : Delhi HC, Divorce, Remarriage, cruelty
Delhi HC Issues Contempt Notice to Women Who Refuses to Honour Mutual Divorce Plea(17.01.2017)
Delhi High Court has issued a contempt notice against a woman who entered a settlement to separate with her husband but later refused to honour it.
Tags : Delhi High Court, Mutual Divorce, Contempt Notice
Supreme Court: ‘Divorce Decree By Church Not Valid’, Couples Must Abide By Law to Annul Marriage(20.01.2017)
Supreme Court has ruled that divorce decrees passed by Ecclesiastical Tribunals under Canon Law will have no validity and that Christian couples must .....
Tags : Supreme Court, Ecclesiastical Tribunals, Divorce Decree
SC: Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree(20.09.2021)
Supreme Court has observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13.....
Tags : Supreme Court, Mutual Consent Divorce Decree
Delhi HC Dismisses Plea Seeking Declaration of Divorce by Muslim Husband as Unconstitutional(27.09.2021)
Delhi High Court has dismissed a petition seeking declaration to declare the "assumed absolute discretion" of the Muslim husband to give divorce (tala.....
Tags : Delhi High Court, Declaration of Divorce by Muslim Husband
FAMILY - Adopt Liberal Approach while Dealing with Divorce Pleas Based on Mutual Consent: Kerala HC(05.03.2019)
Kerala High Court has observed that a liberal approach needs to be adopted while dealing with divorce applications based on mutual consent.
Tags : Kerala High Court, Divorce Pleas Based on Mutual Consent
Gujarat High Court: Divorced Woman Cannot Seek Monetary Relief from Ex-Husband(03.01.2020)
Gujarat High Court has observed that a woman once divorced cannot seek monetary relief from her former husband under the Protection of Women from Dome.....
Tags : Gujarat High Court, Divorced Woman
Bombay HC: Well Qualified Wife Expressing Desire to Pursue Job Not Cruelty(06.10.2022)
Bombay High Court while hearing an appeal against family court's refusal to grant divorce to the husband on the ground that cruelty is not proven, has.....
Tags : Bombay High Court, Cruelty, Wife, Divorce
Gujarat HC: Divorced Wife, Who Deserted Husband, Entitled To Maintenance(08.05.2017)
Gujarat High Court, while holding that term ‘wife’ in Section 125(4) of CrPC would not include a divorced wife, has observed that a lady, from whom hu.....
Tags : Gujarat High Court, Maintenance, Divorce
Forcible Sex is Ground for Divorce: Punjab & Haryana High Court(11.06.2018)
Punjab and Haryana High Court has held that "forcible sexual intercourse" and "adoption of unnatural means" which are forced upon the other spouse are.....
Tags : Punjab & Haryana High Court, Divorce
Supreme Court: Marriage Contracted During Pendency of Appeal from Divorce Decree Not Void(24.02.2020)
Supreme Court has observed that a marriage contracted during the pendency of an Appeal from a divorce decree is not void ab initio especially when suc.....
Tags : Supreme Court, Marriage Contracted During Pendency of Appeal from Divorce
Kerala HC: Temporary Reunion During Pendency of Divorce Proceedings Will Not Dissolution of Marriage(24.02.2020)
Kerala High Court has observed that the reunion of spouses for a temporary period during the pendency of the proceeding for divorce pursuant to the se.....
Tags : Kerala High Court, Temporary Reunion During Pendency of Divorce
Kerala HC Strikes Down 10A of Divorce Act, 1869(12.12.2022)
Kerala High Court has held that fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 for filing divorce.....
Tags : Kerala High Court, Divorce Act, Mutual Consent
Bombay HC Upholds Divorce on Grounds of Cruelty, Says 'False Complaint U/S 498A Amounts to Cruelty'(24.04.2017)
Bombay High Court has upheld order of a Family Court dissolving a marriage between a couple who had been married since 1987, on grounds that act of th.....
Tags : Bombay High Court, 498A, Indian Penal Code, Cruelty, Divorce
Delhi High Court: Court Cannot Compel Party to Give Consent For Divorce by Mutual Consent(17.05.2018)
Delhi High Court has held that the element of mutual consent was sine qua non of passing a decree of divorce u/s 13B and withdrawal of consent even at.....
Tags : Delhi High Court, Divorce
SC: Filing of Criminal Case & Acquittal Therein Cannot be Treated as Ground for Granting Divorce(04.03.2020)
Supreme Court has observed that filing of a criminal case by one of the parties to the marriage and the acquittal therein cannot be automatically trea.....
Tags : Supreme Court, Grounds for Divorce
FAMILY - President Gives Assent to Law Which Removes Leprosy as Ground for Divorce(22.02.2019)
President has given assent to a bill, already passed by parliament, removing leprosy as a ground for divorce under five personal laws including the Hi.....
Tags : President, Leprosy as Ground for Divorce, Hindu Marriage Act
FAMILY - President Gives Assent to Law which Removes Leprosy as Ground for Divorce(22.02.2019)
President has given assent to a bill, already passed by parliament, removing leprosy as a ground for divorce under five personal laws including the Hi.....
Tags : President, Leprosy as Ground for Divorce, Hindu Marriage Act
Del. HC: Unilateral Withdrawal from Divorce by Mutual Consent Amounts to Cruelty(28.12.2023)
Delhi High Court has held that unilateral withdrawal from divorce by mutual consent amounts to cruelty if such conduct is not based on justifiable gro.....
Tags : Delhi High Court, Unilateral Withdrawal, Mutual Consent, Divorce
All. HC: Cause of Action to Seek Divorce Arise Once Cruelty is Found Committed(28.12.2023)
Allahabad High Court while observing that once cruelty is found committed, the cause of action to seek divorce does arise, has held that the Court sho.....
Tags : Allahabad High Court, Divorce, Cruelty, Attending Circumstances
Ker. HC: Subjecting Wife to Sexual Perversions Against her Will Amounts to Cruelty(03.01.2024)
Kerala High Court while granting divorce to the wife, has held that compelling the wife to engage in sexual activity in a manner to which objects on t.....
Tags : Kerala High Court, Sexual Perversions, Cruelty, Divorce
Delhi High Court: ‘Non-Adjusting Attitude’ of Wife Amounts to Mental Cruelty, Court Grants Divorce(24.01.2024)
Delhi High Court while granting divorce to a husband, has observed that the non–adjusting attitude of the wife and her incapability to sort out differ.....
Tags : Delhi High Court, Mental Cruelty, Divorce
Del. HC: Pressurising Husband to Fulfill Dreams Not Within His Financial Reach Amounts to Cruelty(05.02.2024)
Del. HC while upholding divorce on grounds of cruelty by wife has held that pressurising the husband to fulfill “distant and whimsical dreams” not wit.....
Tags : Delhi High Court, Divorce, Cruelty
Bombay HC Rejects Divorce Plea, Rules ‘False Charges Maligned Wife’s Image in Society’(03.11.2016)
Bombay High Court, while dismissing a divorce petition by a husband on grounds that his wife had illicit relationship with three men during their marr.....
Tags : Bombay High Court, divorce, False Charges
Kerala HC: Islamic Law Recognizes Woman's Right to Demand Divorce, Husband's Consent Not Essential(01.11.2022)
Kerala High Court while observing that Islamic law recognizes a Muslim woman's right to demand to dissolve marriage, has held that the will of wife ca.....
Tags : Kerala High Court, Islamic Law, Divorce
Del HC Directs Framing of Rape Charges Against a Man for Making False Promise of Marriage(16.01.2024)
Delhi High Court has directed the framing of rape and criminal intimidation charges against a man who promised married couple that he will marry the w.....
Tags : Delhi High Court, Marriage, Divorce
Del. HC: Findings of Cruelty Against Wife Cannot be a Base To Deny Maintenance To her Under DV Act(22.01.2024)
Delhi High Court while deciding the revision petition filed by the wife has held that findings of cruelty against a wife in the divorce proceedings by.....
Tags : Delhi High Court, Domestic Violence Act, 2005, Maintenance, Divorce Proceedings
SC Waives 6-Month Waiting Period, Grants Divorce to Couple(16.08.2016)
SC has allowed an estranged couple’s plea for divorce by mutual consent by waiving the waiting period of six months, exercising its powers under the C.....
Tags : SC , Divorce
Mother can't Give Up Maintenance Rights of Daughter During Mutual Consent Divorce: SC(03.05.2019)
Supreme Court has observed that a mother cannot give up rights which vest in the daughter insofar as maintenance and other issues are concerned, durin.....
Tags : Supreme Court, Mutual Consent Divorce, Maintenance
Delhi High Court Waives Cooling-Off Period in Divorce by Mutual Consent(13.05.2019)
Delhi High Court has waived the cooling-off period for divorce by mutual consent of a woman, from her husband, after she expressed her intention to en.....
Tags : Delhi High Court, Divorce
Madras HC Directs Satellite Imaging of Taluks and Earmarking of Waterbodies(19.04.2021)
Chhattisgarh High Court has observed that existence of a serious dispute between a husband and wife is not a prerequisite for grant of divorce by mutu.....
Tags : Chhattisgarh High Court, Grant of Divorce by Mutual Consent
Kerala HC: Spouse Refusing To Accord Divorce Despite Failure of Marriage Amounts to Cruelty(15.02.2022)
Kerala High Court has held that if one of the spouses is refusing to accord divorce on mutual consent despite being convinced of the fact that the mar.....
Tags : Kerala High Court, Refusal to Accord Divorce
Calcutta HC: Merely Obtaining Customary Divorce Will Not Attract Exception(26.02.2021)
Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29(2) of the Hindu Marri.....
Tags : Calcutta High Court, Obtaining Customary Divorce
Kar. HC: Husband’s Remarriage Not Ground to Question Divorce Settlement Arrived Earlier(06.01.2023)
Karnataka High Court has held that remarriage of former husband is not a ground to question the divorce settlement arrived between the couple after is.....
Tags : Karnataka High Court, Divorce, Settlement
Delhi HC: Allegation of Adultery Most "Painful”, Amounts to Cruelty(25.11.2016)
Delhi High Court while granting divorce to a man who was accused by his wife of having illicit relationship with another woman, has observed that alle.....
Tags : Delhi High Court, divorce, Cruelty , Adultery
Delhi High Court Denies Divorce To Man Who Complained Of Wife's Visits To Her Parents(20.12.2017)
Delhi High Court, dismissing a plea of a man seeking divorce on grounds of cruelty, has said that a wife is entitled to visit her parents and it canno.....
Tags : Delhi High Court, Divorce
Bombay HC Restrains Indian-origin UK Man from Pursuing Divorce Plea in UK(31.01.2019)
Bombay High Court has observed that merely because the man was a UK national would not mean that foreign court could hear the matter as he had married.....
Tags : Bombay High Court, Divorce Plea in UK
Madras HC: If Couple Wants Divorce, Courts Can’t Ask for Reasons(11.08.2016)
Madras HC has said that if a married couple wants divorce by mutual consent, it is not a court's business to deny them judicial separation by insistin.....
Tags : Madras HC , divorce
SC Upholds Family Court Order Asking Husband to Vacate His Own House During Pendency of Divorce Case(15.05.2017)
Supreme Court has upheld an interim order by a Family Court in Maharashtra which directed a husband to remove himself from his own home and not to vis.....
Tags : Supreme Court, Divorce Case
Post-Divorce, No Relief Under Domestic Violence Act: Bombay HC(23.04.2019)
Bombay High Court has ruled that a woman cannot seek relief under the Domestic Violence Act against her divorced husband, as after divorce there is no.....
Tags : Supreme Court, Post-Divorce, Domestic Violence Act
Delhi HC: Denying Sex to Spouse a Long time Mental Cruelty, Ground for Divorce(12.09.2016)
Delhi HC, while putting an end to a nine-year-old marriage, has reiterated that denying sex to the spouse for a long time, without sufficient reason, .....
Tags : Delhi HC, Mental Cruelty, divorce
Bombay HC: Man Can Seek Wife’s Test to Prove Non-Consummation of Marriage(12.09.2016)
Bombay HC has upheld an order passed by Mumbai family court in a divorce petition filed in 2011 on grounds of non-consummation, saying that family cou.....
Tags : Bombay HC, divorce, family court
Madras HC: Marriages Can’t be Dissolved through Settlement Deeds(14.09.2016)
Madras HC has said that married couples cannot legally dissolve their marriages by simply entering into a mutual written agreement titled ‘Divorce Set.....
Tags : Madras HC , Divorce Settlement Deed
Patna HC: If Divorce Decree Goes Unchallenged, the Second Marriage is Legal(19.09.2016)
Patna HC, while considering sustainability of a decree for judicial separation, has held that if divorce decree is not challenged then appeal against .....
Tags : Patna HC, Second Marriage, Divorce Decree
P&H HC Upholds Divorce Due to Mental Cruelty Caused by Wife to Husband(24.03.2022)
Punjab and Haryana High Court has upheld the decision of a Gurgaon family court granting divorce to a garment exporter on his plea accusing his wife o.....
Tags : Punjab and Haryana High Court, Divorce Due to Mental Cruelty
Supreme Court Urges for Change in Muslim Divorce Law(28.10.2015)
Supreme Court has ordered registration of a Public Interest Litigation and urged to set up a Special Bench to consider gender discrimination suffered .....
Tags : Supreme Court, Muslim Divorce Law
Delhi High Court Grants Divorce to Separated Couple After 24 Years(08.07.2019)
Delhi High Court has finally granted divorce to a man 24 years after he separated from his wife. The marriage had taken place in the year 1988 but was.....
Tags : Delhi High Court, Divorce
Cal. HC: Promise to Marry After Divorce Doesn’t Amount to Cheating(28.04.2023)
Calcutta High Court while observing that promise to marry after divorce made by accused was not promise simplicitor, it was contingent on dissolution .....
Tags : Calcutta High Court, Promise to Marry, Divorce, Cheating
Kerala HC Orders Removal of Name of Divorced Husband from Passport(09.09.2016)
Kerala HC has asked Regional Passport Officer, Kochi, to consider an application filed by a Muslim woman who got divorced by her husband, seeking remo.....
Tags : Kerala HC, divorce, Passport
Punjab and Haryana High Court: Only Aggressive Behaviour of Wife Not Ground for Divorce(17.06.2019)
Punjab and Haryana High Court noted while rejecting a matrimonial appeal filed by a husband that mere aggressive behaviour and sadness of mood of wif.....
Tags : Punjab and Haryana High Court, Divorce
Jharkhand HC: Family Courts Cannot Turn Away Parties Seeking Divorce Under Customary Laws(04.05.2021)
Jharkhand High Court has held that Family Courts cannot turn away parties seeking divorce under their customary laws. The Court has held that the Fami.....
Tags : Jharkhand High Court, Divorce Under Customary Laws
MP HC: Condition of Living in Separation for One Year Can't be Waived(31.03.2022)
Madhya Pradesh High Court has held that one year period of living separately is a must for filing of an application for divorce by mutual consent unde.....
Tags : Madhya Pradesh High Court, mutual consent, divorce, Section 13B(1) of the Hindu Marriage Act
Delhi HC: Denial of Conjugal Relationship Ground for Divorce But Not Exceptional Hardship(19.04.2022)
Delhi High Court has observed that although denial of conjugal relationship is a ground for divorce and equivalent to cruelty, the same cannot be said.....
Tags : Delhi High Court, conjugal relationship, divorce, cruelty, Section 14 of the Hindu Marriage Act 1955
Tel. HC: Court Shouldn’t Compel Couples to Stay Husband and Wife(26.06.2024)
Tel. HC while allowing a husband’s plea to seek divorce, has observed that Court has a limited role in the whole affair and should not act as executio.....
Tags : Telangana High Court, Divorce, Counsellor
Ker. HC: Cannot Evict Divorced Wife from Shared Household Except in Accordance with Established Law(27.06.2024)
Ker. HC has held that a divorced woman cannot claim right of residence in a shared household but divorced woman staying in a household at time of divo.....
Tags : Kerala High Court, Shared Household, Divorced Woman
Karnataka High Court Reverses Divorce Decree on Basis of Wrong Details of Wife in Divorce Petition(11.09.2019)
Karnataka High Court has reversed a divorce decree granted ex-parte to a husband and remanded the matter back to the Family Court for fresh considerat.....
Tags : Karnataka High Court, Divorce
Delhi HC: Expenses for Supporting Divorced Sister to be Considered While Granting Maintenance to Wife(06.06.2022)
Delhi High Court has held that a brother cannot abandon his divorced sister and therefore expenditure borne by him in supporting his sister must be ta.....
Tags : Delhi High Court, Maintenance, Divorced Sister
Kar HC: Can’t Reject Plea for Divorce by Mutual Consent Only Because Couple Resides in Same Premises(14.06.2023)
Karnataka High Court has held that merely because estranged couple is residing in same premises, Court can’t reject their petition to seek divorce by .....
Tags : Karnataka High Court, Divorce, Mutual Consent, Premises
Madras HC: Unilateral Refusal to Consummate Marriage is Ground for Divorce(06.04.2022)
Madras High Court has reiterated that marriage can be dissolved by decree of divorce on a petition filed either by the husband or the wife on the grou.....
Tags : Madras High Court, marriage, decree of divorce, consummate, solemnization
SC: Spouse Can File Divorce Petition if Restitution of Conjugal Rights Decree Ignored for 1 Year(12.07.2024)
SC has observed that u/s 13(1A)(ii) of Hindu Marriage Act, 1955, it is provided that a divorce petition can be presented on the ground that there has .....
Tags : Supreme Court, Divorce Petition, Restitution of Conjugal Rights
Hyderabad HC: Divorce should not be Withheld if Matrimonial Breakdown is Irreparable(03.10.2016)
Hyderabad HC has held that once the parties are separated and separation has continued for a sufficient length of time and if one of them is now seeki.....
Tags : Hyderabad HC , Divorce
Supreme Court Refuses Plea to Frame Guidelines on Marital Rape as Ground for Divorce(02.07.2019)
Supreme Court has declined to entertain a plea seeking a direction to the Centre to frame appropriate guidelines for registration of FIR for marital r.....
Tags : Supreme Court, Marital Rape, Divorce
Calcutta HC: Wife Entitled to Maintenance Even If She Unilaterally Divorces Her Husband(05.07.2021)
Calcutta High Court has ruled that a divorced wife is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) even if.....
Tags : Calcutta High Court, Divorced Wife
HP HC: Adultery Not a Ground to Automatically Disqualify Divorced Wife from Receiving Maintenance(24.07.2024)
Himachal Pradesh High Court has observed that a divorced wife cannot be automatically disqualified from receiving maintenance under Section 125(4) of .....
Tags : HP High Court, Divorced Wife, Maintenance, Adultery
Delhi HC: Denial of Sex During Pregnancy is No Ground for Divorce(07.11.2016)
Delhi High Court has said that denial of sex by a woman during her pregnancy is not cruelty towards her husband entitling him to get divorce on that g.....
Tags : Delhi High Court, pregnancy, sex, divorce
Supreme Court: Cooling Off Period Mentioned in S. 13-B(2) of HMA is Not Mandatory(13.09.2017)
Supreme Court, while relaxing the procedure of granting divorce on ground of mutual consent, has said that period mentioned in S. 13-B(2) of Hindu Mar.....
Tags : Supreme Court, Divorce Case
Kar HC: Can’t Quash Wife’s Complaint U/S 498A Merely Because Filed After Husband Demand’s Divorce(06.06.2023)
Karnataka High Court has observed that there can’t be a declaration of law that once the divorce notice is sent by the husband, the complaint register.....
Tags : Karnataka High Court, Complaint, Section 498A, Divorce
Gujarat High Court Waives Six Month Cooling Period for Divorce(28.12.2015)
Gujarat High Court, in order to enable the wife to remarry and move abroad, has waived the mandatory six-month cooling period, which the law mandates .....
Tags : Gujarat High Court, divorce
Bombay HC: Now File Appeal Against Family Court’s Divorce Decree Within 90 Days(08.12.2016)
Bombay High Court has held that a warring Hindu couple now has 90 days, not 30, to file an appeal against a divorce decree granted by a Family Court.
Tags : Bombay High Court, appeal, Family Court, divorce decree
Delhi High Court: Backing Off Divorce Consent Equals to Mental Cruelty(12.12.2016)
Delhi High Court has while laying down an important ruling that withdrawal of consent by a spouse after mutually agreeing to divorce constitutes menta.....
Tags : Delhi High Court, Divorce, Mental Curelty
Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)
Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....
Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125
Mad HC: Wife’s Plea for Vindication of Her Right Doesn’t Constitute Mental Cruelty on Her Husband(17.07.2023)
Madras High Court has held that litigation initiated by the wife to protect her property rights and the custody of her son for the vindication of her .....
Tags : Madras High Court, Mental Cruelty, Divorce
SC: During Divorce Proceedings, Wife Entitled to Same Amenities as She Enjoyed in Matrimonial Home(20.11.2024)
Supreme Court has observed that during the pendency of the divorce petition, the wife is entitled to enjoy the same amenities of life as she would hav.....
Tags : Supreme Court, Matrimonial Home, Divorce Proceedings