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Judgement

Sardar Avtar Singh Vs. Amarjeet Kaur Gandhi

Court: Delhi High Court Bench: JUSTICE Manmohan Singh Sardar Avtar Singh Vs. Amarjeet Kaur Gandhi On 16 December 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion by wife — Irretrievable break down of marriage — Vague allegations of cruelty are not sufficient to grant divorce and onus to […]

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Santosh Kumar Vs. Asha Budakoti

Court: Uttarakhand High Court Bench: JUSTICE Prafulla C. Pant & V.K. Bist Santosh Kumar Vs. Asha Budakoti On 13 June 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Working wife not joining company of husband for long time, more than 5 years and not coming to husband’s house even during […]

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Bimal Mitra & Ors. Vs. Ashalata Mitra

Court: Gauhati High Court Bench: JUSTICE B.D. Agarwal Bimal Mitra & Ors. Vs. Ashalata Mitra On 23 July 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 26, 12 — Domestic violence — Relief in other suits and legal proceedings — Reliefs that can be claimed under D.V. Act by way […]

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Hemali Bindesh Kelaiya Vs. Bindesh Jayantilal Kelaiya

Court: Bombay High Court Bench: JUSTICE V.K. Tahilramani & V.L. Achliya Hemali Bindesh Kelaiya Vs. Bindesh Jayantilal Kelaiya On 13 May 1994 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(iii) — Evidence Act, 1872 — Section 65 — Cruelty — Mental disorder — Failure to prove both grounds — Non-entitlement of wife to […]

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Wife Hid Income thus came to court with Unclean Hands No Maintenance

Jammu And Kashmir High Court JUSTICE Dhiraj Singh Thakur Sujata Rajput Vs. Rajesh Baru On 13 December 2013 Law Point: No details of income given by petitioner-wife with which her expenses could be compared by Court to determine her rights under Section 30 of Act — Looking to disparity in income between petitioner and respondent, […]

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Pushpa Vs. Damodar & Anr.

Court: Rajasthan High Court Bench: JUSTICE Sangeet Lodha Pushpa Vs. Damodar & Anr. On 6 January 2016 Law Point: Civil Procedure Code, 1908 — Section 11 — Hindu Marriage Act, 1955 — Sections 13(1A)(ii), 9 — Res judicata — Subsequent divorce petition — No restitution of conjugal rights — Cruelty — Mother not in issue […]

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Discretion at time of Interim Maintenance shall be Reasonable

Karnataka High Court JUSTICE A.V. Chandrashekara R. Satish Kumar & Ors. Vs. Raghaveni On 3 February 2016 Law Point: Even if evidence is hazy and same will have to be assessed on touchstone of preponderance of probabilities — First Appellate Court has taken into consideration all materials placed on record and passed detailed order giving […]

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Compromise Between Parties to Live Together Maintenance can not go on

Bombay High Court JUSTICE P.D. Kode Ratan Narayan Ingale Vs. Sau. Sujeta Ratan Ingale & Ors. On 28 August 2013 Law Point: Compromise between parties and they have started living together — Applicant is maintaining non-applicants — No propriety in continuing said orders as object sought to be achieved by passing such orders is well […]

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Sambhunath Das & Ors. Vs. State Of West Bengal

Court: Calcutta High Court Bench: JUSTICE Kanchan Chakraborty Sambhunath Das & Ors. Vs. State Of West Bengal On 3 December 2013 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Common intention — Death of deceased by hanging in matrimonial […]

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Dowry Death 304B Acquittal on No Evidence Accused Instigated Suicide

Bombay High Court JUSTICE P.V. Hardas & A.S. Gadkari Balwant Daulat Patil (Dr.) Vs. State Of Maharashtra On 8 April 2014 Law Point: Sections 302, 306, 304B — Appeal against acquittal — No evidence that accused had instigated deceased to commit suicide or had in any manner ill-treated thereby creating a situation which would drive […]

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