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Supreme Court & High Courts Judgments
(i) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion -- Verbal Assertion of Readiness to Resume Cohabitation -- Insufficient where conduct shows contrary intent -- A spouse's me..
Supreme Court
(i) Hindu Marriage Act, 1955, S.13(1)(i) -- Divorce -- Allegation of Compromising Position -- Not equivalent to proof of adultery -- Finding a spouse in a compromising position does not esta..
Patna High Court
Guardian and Wards Act, 1890, S.25 -- Custody of Minor Child -- Breach of Foreign Custody Order by Mother -- Violation of conditions imposed by a foreign court or by the domestic court does ..
Jammu & Kashmir and Ladakh High Court
Divorce Act, 1869, S.3(3) -- Divorce -- Territorial Jurisdiction -- Christian Wife Residing Separately from Husband -- The phrase "within whose jurisdiction the husband and wife reside" mu..
Kerala High Court
Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Separate Rooms Within Same Premises as Part of Prolonged Discord -- Spouses occupying separate rooms in the same premises, standing alone,..
Karnataka High Court
Bharatiya Nagarika Suraksha Sanhita, 2023, S.144 -- Maintenance to Wife -- Wife Leaving Matrimonial Home Due to Ill-Treatment -- Reasonable cause to leave the matrimonial home exists where t..
Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Attainment of Majority by Child with Disability -- Attainment of majority by itself does not result in automatic cessation of ..
Chhattisgarh High Court
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.4 -- Maintenance and Welfare of Senior Citizens -- Eviction of Son from Self-Acquired Property -- Tribunal constituted und..
Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Employment of Mother -- Does not by itself reduce the liability of the father to maintain minor children, as the obligation sh..
(i) Hindu Marriage Act, 1955, S.23(1)(d) -- Divorce -- Delay in Instituting Proceedings -- This provision empowers the Court to decline relief on the ground of unnecessary or improper delay...
Allahabad High Court
(i) Hindu Marriage Act, 1955, Ss.13, 23(2) -- Divorce Petition -- Reconciliation or Mediation Before Adjudication -- The Court must first undertake an exercise for reconciliation or mediatio..
(i) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Wife -- Wife Unable to Maintain Herself -- A wife who is unable to maintain herse..
Gauhati High Court
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