KEYWORDS:- DOMESTIC VIOLENCE-SETTLEMENT DATE:-18-02-2009 AIR 2009 SCW 6622 : (2009) 3 SCALE 120 : (2009) 3 SCC 448 (SUPREME COURT OF INDIA) Aviral Bhatla Appellant Versus Bhawana Bhatla Respondent (Before : Arijit Pasayat And Asok Kumar Ganguly, JJ.) Transfer Petn. (Civil) Nos. 431 with 1052 of 2008, Decided on : 18-02-2009. Hindu Marriage Act, 1955—Sections … Continue reading Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]
Tag: Divorce
Pankaj Mahajan Vs Dimple @ Kajal[ALL SC 2011 SEPTEMBER]
KEYWORDS:-DIVORCE-MENTAL CRUELTY-INSANITY OF WIFE- DATE:-30-09-2011- "Husband had placed ample evidence on record that the Respondent-wife is suffering from “mental disorder” and due to her acts and conduct, she caused grave mental cruelty to him and it is not possible for the parties to live with each other, therefore, a decree of divorce deserves to be … Continue reading Pankaj Mahajan Vs Dimple @ Kajal[ALL SC 2011 SEPTEMBER]
Ranjit Kaur Vs Major Harmohinder Singh and Others[ALL SC 2011 NOVEMBER]
KEYWORDS:-EVICTION OF WIFE AFTER DECREE OF DIVORCE Date: 02-11-2011- "Even though, after passing of the decree of the divorce she may not have a legal right to continue to remain in possession of the suit property, Respondent No. 1 cannot be given liberty to forcibly evict her". Wife has no legal right to continue to remain … Continue reading Ranjit Kaur Vs Major Harmohinder Singh and Others[ALL SC 2011 NOVEMBER]
Anu Bhandari Vs. Pradip Bhandari [ALL SC 2018 MARCH]
KEYWORDS:- decree of divorce-SETTLEMENT- DATE: MARCH 5, 2018 Under Section 9 of the Family Courts Act, 1984, the Court has a duty to make an endeavour to assist and persuade the parties in arriving at a settlement.The jurisdiction is not just to decide a dispute, on the contrary, the court also has to involve itself in the … Continue reading Anu Bhandari Vs. Pradip Bhandari [ALL SC 2018 MARCH]
Smt. Satya Vs Teja Singh [ ALL SC 1974 October]
Whether Indian Courts bound to give recognition to divorce decrees granted by foreign Courts? DATE:-Decided on : 01-10-1974- Whether a Hindu marriage solemnised within this country can be validly annulled by a decree of divorce granted by a foreign Court ? AIR 1975 SC 105 : (1975) 2 SCR 97 : (1975) 1 SCC 120 … Continue reading Smt. Satya Vs Teja Singh [ ALL SC 1974 October]
Global Encyclopedia of Divorce Law
A Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan B Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Burundi C Cabo Verde Cambodia Cameroon Canada Central African Republic (CAR) Chad Chile China Colombia Comoros Democratic Republic of the Congo Republic … Continue reading Global Encyclopedia of Divorce Law
Divorce by mutual consent under Special Marriage Act 1954
SPECIAL MARRIAGE ACT 1954 Divorce by mutual consent . (1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district Court by both the parties together on the ground that they have been living separately for a period of one year or more, … Continue reading Divorce by mutual consent under Special Marriage Act 1954
Void and voidable marriage under Hindu Law
Hindu Marriage act 1955 11. Void marriages.- Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i) … Continue reading Void and voidable marriage under Hindu Law
Divorce under Hindu Marriage Act
Grounds for allowing divorce, the wife shall have some special grounds 13. Divorce. — (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— (i)has, after the … Continue reading Divorce under Hindu Marriage Act
V. Bhagat Vs Mrs. D. Bhagat
19-11-1993- But under S. 10(l)(b), harm or injury to health, reputation, the working-career or the like, would be an important consideration in determining whether the conduct of the respondent amounts to cruelty. Irretrievable breakdown of the marriage is not a ground by itself AIR 1994 SC 710 : (1993) 3 Suppl. SCR 796 : (1994) … Continue reading V. Bhagat Vs Mrs. D. Bhagat
SC hold that unsubstantiated allegations levelled by the Respondent wife and threats and attempt to commit suicide by her amounted to mental cruelty
06-10-2016 Keywords:-Mental torture- extramarital affair-Character assassination-divorce- Narendra vs K.Meena - True, it is very difficult to establish such allegations but at the same time, it is equally true that to suffer an allegation pertaining to one’s character of having an extra-marital affair is quite torturous for any person – be it a husband or a … Continue reading SC hold that unsubstantiated allegations levelled by the Respondent wife and threats and attempt to commit suicide by her amounted to mental cruelty