1 | Vinita Saxena Vs. Pankaj Pandit | Coram: RUMA PAL, DR. AR. LAKSHMANAN | 21/03/2006 | Hindu Law: Hindu Marriage Act, 1955: Section 13(1)(i-a) and (iii). Divorce-Cruelty and mental disorder-Non-consummation of marriage-Marriage solemnized in 1993-Marriage lasted only for five months but was never consummated as the husband was in | Allowing the appeal, the Court HELD: 1.1. It is not in dispute that the marriage has lasted hardly for five months and was never consummated on account of the fact that the respondent was incapable of performing his matrimonial obligations. The ap | Click here to see Subject, Head Notes, Citation and Judgement |
2 | Naveen Kohli Vs. Neelu Kohli | Coram: B.N. AGRAWAL, A.K. MATHUR, DALVEER BHANDARI | 21/03/2006 | Hindu Law: Hindu Marriage Act, 1955 (as amended by 1976 Amendment): Sections 10 and 13. Irretrievable breakdown of marriage-Ground for divorce-Cruelty in matrimonial cases-Husband filed a petition for divorce alleging that the wife was a bad-te | Allowing the appeal, the Court HELD: 1.1. The petition for divorce was filed primarily on the ground of cruelty. Prior to the 1976 amendment in the Hindu Marriage Act, 1955 cruelty was not a ground for claiming divorce under the Hindu Marriage Act | Click here to see Subject, Head Notes, Citation and Judgement |
3 | Sanghamitra Ghosh Vs. Kajal Kumar Ghosh | Coram: G.P. MATHUR, DALVEER BHANDARI | 20/11/2006 | Hindu Law: Hindu Marriage Act, 1955; Section 9: Wife tortured by her husband and in-laws-She was driven out of her matrimonial home along with her minor child-Criminal complaint-Filing of a petition by her husband in a District Court for restit | Disposing of the petition, the Court HELD: 1. In order to do complete justice in the matrimonial matters, this Court has been less hesitant in exercising its extra-ordinary jurisdiction under Article 142 of the Constitution. In view of peculiar | Click here to see Subject, Head Notes, Citation and Judgement |
4 | Rishikesh Sharma Vs. Saroj Sharma | Coram: DR. AR. LAKSHMANAN , TARUN CHATTERJEE JJ | 21/11/2006 | Hindu Law: Hindu Marriage Act; Section 28: Husband filing petition for dissolution of marriage on ground of mental cruelty and desertion-Dismissed by trial Court-First appeal dismissed by High Court-On appeal, Held: Both the husband and the wif | Allowing the appeal, the Court HELD:1.1. In the instant case the marriage is irretrievably broken down with no possibility of the parties living together again. Both the parties have crossed 49 years and living separately and working. 1.2. Ther | Click here to see Subject, Head Notes, Citation and Judgement |
5 | Sujata Uday Patil Vs. Uday Madhukar Patil | Coram: G.P. MATHUR, A.K. MATHUR | 13/12/2006 | Hindu Marriage Act, 1955-Sections 13(1) (i-a) and (i-b)-Divorce petition on the ground of cruelty and desertion by wife-Trial Court granting decree of judicial separation-Appellate Courts granting decree of divorce and alimony to the wife and the chi | Disposing of the appeal, the Court HELD: 1.1. The findings recorded by the District Judge and also by the High Court are fully born out from the material on record and cannot be faulted with on any ground. Therefore, the decree for divorce has | Click here to see Subject, Head Notes, Citation and Judgement |
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