http://www.dnaindia.com/mumbai/report_attraction-to-brother-in-law-is-cruelty-bombay-high-court_1380780 Mumbai: Not allowing the husband to consummate the marriage and showing “improper interest” towards the brother-in-law amounts to cruelty and is a legitimate ground for divorce, stated a ruling passed by the Bombay high court this week The high court dissolved the seven-year-old marriage of a Pune-based businessman by granting him a decree of divorce. The couple, who had tied the knot in November, 2002, had stayed together for only six months. The husband, in his appeal, had stated that during their honeymoon in Goa, his wife had revealed to him that she was in love with someone else …[Continue Reading]
Man gets divorce confirmation from Mumbai HC after 18 years
So if you are a man and want divorce, pray that your wife breaks into your house after alleging you are having extra-marital affair, and hopefully in your lifetime you will be granted divorce by supreme court, err high court in this case. Surely things are improving for men since Supreme Court’s Justice Katju’s comment to a husband who had applied for divorce: “you have waited for 17 years, you can wait for few more months”. http://www.dnaindia.com/india/report_false-allegations-of-infidelity-can-be-ground-for-divorce_1373294 Mina’s act of breaking into Amit’s house and alleging that he was having an extramarital affair were enough to prove the charge of …[Continue Reading]
Husband gets divorce due to cruelty due to false allegations by wife
The relevant portions are made bold in Mumbai High court judgment below: http://bombayhighcourt.nic.in/data/judgements/2010/CFCA1278205.pdf //// 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.68 OF 2005 Smt Nita alias Nathi Hitendrakumar Sakariya, aged 24 years, Occ: Household, Hindu Indian Inhabitant of Rajasthan, residing at C/o Kantilal Dhar-Parmar Sumerpur Main Bazar, Near M.P.Traders, Dist.Pali, Rajasthan-306902. .. Appellant Vs Shri Hitendrakumar Kaluram Sakariya, aged about 26 years, Occupation Business, Hindu, Indian Inhabitant of Mumbai, residing at 84, Militia Apartment, Block No.4, 1st floor, Mhatar-Pakhadi Road,Mazgaon, Mumbai-400010. .. Respondent Mr Vishal Thakkar i/b M/s Kiran Jain & …[Continue Reading]
Divorce granted by foreign courts is valid in India
Important points are made bold in Supreme Court judgment below. The high court did not even look at the basic facts of divorce certificate’s date and alleged second marriage date. No wonder there are more than 3 crore pending cases in Indian courts, when a high court does not seem to notice what a clerk can notice casually. Tue Nov 17, 2009 3:08 am (PST) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2122 OF 2009 (Arising out of SLP(Crl.) No. 5910/2006) Pashaura Singh …Appellant Versus State of Punjab & Anr. …Respondents JUDGEMENT R.M. Lodha, J. Leave …[Continue Reading]
Husband gets divorce based on false IPC 498a complaint
This is not a first time event that a husband was granted divorce on grounds of cruelty due to filing of false complaint under IPC 498a. But it is a welcome step that the courts which do not take up perjury complaints easily at least are giving some relief for aggrieved parties on the receiving end of false complaints. Update 27 Nov 2014: Read latest SC judgment/news about false 498a as ground for divorce to husband (however proving false case is main issue) http://timesofindia.indiatimes.com/city/mumbai/Filing-false-case-against-in-laws-is-cruelty-HC/articleshow/5823233.cms MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty …[Continue Reading]
Mumbai HC waives 6 month waiting period in mutual divorce
Bombay High Court (when will they switch to calling themselves Mumbai HC, next century?) has decided that 6 months waiting period in mutual consent divorce under Sec 13 of HMA is not required if a divorce petition between couple was already pending in court and was converted to mutual consent divorce. http://timesofindia.indiatimes.com/india/Divorce-cases-HC-says-scrap-6-month-cool-off-period/articleshow/5695938.cms The case pertained to a couple married under the Hindu Marriage Act in 2005, who had lived together for a year before separating. The husband then filed for divorce a year later. Both traded charges of cruelty and harassment, but soon agreed to bury the hatchet and withdrew …[Continue Reading]
Evidences evaluation in divorce on cruelty grounds
In this Mumbai High Court judgment of 2005, the HC rejected appeal by wife made against grant of divorce to husband on grounds of cruelty. The case has several important points regarding various types of evidences etc, which are made bold in judgment below: ———————————————————————————————————- http://bombayhighcourt.nic.in/data/judgements/2010/CFCA1303405.pdf *********** 1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 80 OF 2005 Smt. Hemanti Hemchandra Talekar ..Appellant (Original Respondent) v/s. Shri Hemchandra Bhagwan Talekar ..Respondent (Original Petitioner) Mr.Rahul Joshi with Mr. Ambar Joshi for the appellant None for the respondent. CORAM : …[Continue Reading]
Punjab HC allows waiver of 6 months in converted 13-B divorce!
Jai Ho! What can we say when there is a clear Supreme court judgment that only SC can waive off 6 months waiting period on conversion of divorce petition into mutual consent divorce under Sec 13 B of HMA 1955. And a recent Punjab and Haryana High court judgment has upheld the SC judgment’s precedent in another similar case. Anyway, let the couple live happily divorced now, we don’t have anything against them 🙂 Full judgment below with important points made bold: ————————————————————————— http://www.indiankanoon.org/doc/1785177/ Civil Revision No. 7432 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA …[Continue Reading]
Kerala HC reduces period of separate living under Divorce Act to 1 year
This news is not applicable to Hindu marriage act or other personal laws, but to people covered under Divorce Act, which is applicable to Christian marriages etc. Read the portions in bold for the rationale and main points of decision. ——————————————————————————————————- http://www.hindu.com/2010/02/26/stories/2010022657710100.htm Special Correspondent High Court ruling applicable to Christian couples Court brings down the period from two years to one year In conformity with the provisions of other divorce laws Kochi: A Division Bench of the Kerala High Court, on Thursday, brought down from two years to one the minimum period of separate living, as contemplated under Section 10(A) …[Continue Reading]
COURT COMES TO RESCUE OF MAN DESERTED BY WIFE
There may be some hope for men, or possibly also because of men rights activism that courts are becoming sensitive to men facing cruelty in marriages. Following news is about a Delhi court judgment. http://epaper.hindustantimes.com//artMailDisp.aspx?article=22_02_2010_003_011&typ=0&pub=47 Permitting a man to divorce his wife who willfully neglected him for nearly five years, a city court said such a desertion without any reason amounted to cruelty. The woman had left her hus- band a year after the marriage. Additional District Judge M.K. Nagpal declined the woman’s plea for re-union say- ing the expression of such a desire at the last minute is of …[Continue Reading]
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