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, … [Read more...] about Husband gets divorce due to cruelty due to false allegations by wife
Divorce
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 granted. 2. In this appeal by special leave, the appellant has challenged the order dated May 24, 2006 passed by the High Court of Punjab and Haryana. By the said order, the … [Read more...] about Divorce granted by foreign courts is valid in India
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 and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and … [Read more...] about Husband gets divorce based on false IPC 498a complaint
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 their allegations. In December 2009, they filed consent terms for a mutual divorce plea and sought a … [Read more...] about Mumbai HC waives 6 month waiting period in mutual divorce
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) … [Read more...] about Evidences evaluation in divorce on cruelty grounds
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 AT CHANDIGARH Civil Revision No. 7432 of 2009(O&M) … [Read more...] about Punjab HC allows waiver of 6 months in converted 13-B divorce!